The Veteran's lumbar spine disability is rated at 40 percent, effective December 14, 2012. The Board found the evidence to be at least evenly balanced as to whether the symptoms of his lumbar spine disability more nearly approximate flexion limited to 30 degrees or less, and granted a 40 percent rating in favor of the Veteran.
The deciding factor: The Board determined that the Veteran's lay statements describing his pain and flare-ups, combined with the VA examiner's finding of approximately an additional 10 degrees of limitation of motion during flare-ups or after repetitive use, created a reasonable doubt which must be resolved in favor of the Veteran.
- Claimed conditions
- lumbar spine disability, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 21, 2018
- Citation
- 18103725
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 18103725.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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