The Veteran's low back disc herniation is now rated at 40%, effective from the date of this decision. The right lower extremity radiculopathy remains at a 40% rating.
The deciding factor: The VA examiner found that during flare-ups, the Veteran’s flexion was limited to 20 degrees, warranting a 40% evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Low back disc herniation, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 4, 2018
- Citation
- 18131528
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 18131528.
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 Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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