The Veteran's low back disability is currently rated at 20 percent prior to June 22, 2015 and 40 percent thereafter. The Veteran was granted a 50 percent rating for migraine headaches effective July 9, 2015. His radiculopathy of the right lower extremity remains at 10 percent. A 20 percent rating is granted for his radiculopathy of the left lower extremity with reasonable doubt resolved in favor of the Veteran. The Veteran's PTSD is rated at 70 percent, but no higher.
The deciding factor: The evidence does not show that the Veteran’s low back disability more nearly approximated unfavorable ankylosis or flexion to 30 degrees or less prior to June 22, 2015 and from June 22, 2015. The Veteran's radiculopathy of the right lower extremity is rated at 10 percent.
- Claimed conditions
- Post-operative residuals of L5-S1 microdiscectomy with chronic pain syndrome, Degenerative disc disease (DDD) at L5-S1, Lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 3, 2018
- Citation
- 18140435
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 18140435.
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.
- Granted
The Board has granted service connection for DDD and central canal stenosis of the lumbar spine, finding that the appellant's current disability is at least as likely caused by his in-service injury.
- Denied
The Board denied the Veteran's request to extend his delimiting date for Chapter 33 education benefits, finding that he did not provide sufficient evidence of a physical or mental disability preventing him from initiating a program of education within one year of his May 2020 extension request.
- Denied
The Veteran's claim for increased ratings for his lumbar spine disability and left lower extremity radiculopathy was denied as the evidence did not show any additional functional loss or impairment beyond what is already accounted for by the current rating.
- Remanded (sent back)
The Board remands the claims for a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
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