The Veteran's request for an extension of the temporary total disability rating beyond September 1, 2010 for his back disability is denied. The claim for a higher rating than 40 percent for lumbar strain (back disability) effective September 1, 2010 is also denied. A separate 10 percent rating for right lower extremity radiculopathy as a neurological manifestation of the service-connected back disability is granted starting from November 21, 2017.
The deciding factor: The evidence does not support an extension beyond September 1, 2010 for the temporary total disability rating due to insufficient convalescence following surgery. The Veteran's range of motion and functional impairment do not meet criteria for a higher rating than 40 percent for his back disability. Right lower extremity radiculopathy is rated at 10 percent based on mild incomplete paralysis.
- Claimed conditions
- Back disability, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 16, 2018
- Citation
- 18151201
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 18151201.
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 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.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- 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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