The Veteran's initial claim for increased ratings for his back disability and radiculopathy of the lower extremities was denied. The Board found that the evidence did not support a higher rating prior to May 30, 2015, but granted a 20 percent rating from May 30, 2015 to October 8, 2017 for his back disability and a 20 percent rating for radiculopathy of the left lower extremity from October 9, 2017.
The deciding factor: The evidence did not show flexion of the thoracolumbar spine at or below 60 degrees prior to May 30, 2015, which is required for a higher rating under the General Rating Formula. From May 30, 2015 to October 8, 2017, the Veteran's flexion was noted as 60 degrees or greater with an abnormal spinal contour due to muscle spasms and guarding.
- Claimed conditions
- Back disability, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 12, 2018
- Citation
- 18134059
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 18134059.
What this means for you
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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.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
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