The Veteran's lower back disability was rated at 20 percent from January 23, 2008 to May 28, 2008. After that period, the rating remained at 20 percent until August 31, 2008 (post-surgery convalescence). The Veteran's right lower extremity radiculopathy was rated at 20 percent prior to December 7, 2009 and at 40 percent from December 7, 2009. TDIU was granted.
The deciding factor: The medical evidence did not support a higher rating for the lower back disability beyond 20 percent due to limited forward flexion of the thoracolumbar spine or favorable ankylosis.
- Claimed conditions
- Degenerative arthritis, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 22, 2017
- Citation
- 1759938
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1759938.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial rating for cervical spine degenerative arthritis was denied as it did not meet the criteria for a higher rating during the appeal period.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine, acromioclavicular joint osteoarthritis of the right shoulder, and osteoarthritis and degenerative arthritis of the right knee prior to October 25, 2023. The claim for a left knee disability was also granted based on continuity of symptoms since service.
- Denied
The Board denied entitlement to ratings in excess of 10 percent prior to June 16, 2010; 20 percent from June 16, 2010, to March 19, 2024; and 40 percent from March 20, 2024, for degenerative arthritis of the lumbar spine.
- Partly granted
The Board granted service connection for a lumbar spine disorder, diagnosed as degenerative arthritis, but remanded the other claims for further development.
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