The Veteran's lumbar spine disability is rated at 20 percent prior to April 9, 2015 and remains at that level. From April 9, 2015 to July 20, 2015, the rating was increased to 40 percent. Since then, a higher rating has not been granted.
The deciding factor: The VA examination in May 2013 showed flexion of 75 degrees with painful motion beginning at 50 degrees and extension of 15 degrees with painful motion beginning at 15 degrees. The Veteran's disability was rated based on the degree of forward flexion, which is less than the required 60 degrees for a higher rating.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of Anterior Tibial Nerve, Radiculopathy of Internal Popliteal Nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 8, 2018
- Citation
- 18148791
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 18148791.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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