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
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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