The Veteran's low back strain with degenerative changes was rated at 10 percent prior to March 24, 2008, and increased to 40 percent from September 21, 2010. The right-sided radiculopathy/sciatica was also rated at 10 percent.
The deciding factor: The Veteran's lumbar spine disability met the criteria for a higher rating since September 21, 2010, warranting a 40 percent evaluation under Diagnostic Code 5243 (degenerative arthritis of the spine). The right-sided radiculopathy was rated at 10 percent as it did not meet the criteria for a higher rating.
- Claimed conditions
- Low back strain with degenerative changes, Right-sided radiculopathy/sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 9, 2018
- Citation
- 1815250
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 1815250.
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.
- Dismissed
The appeal of the proposed reduction from 30 percent to 10 percent for GERD is dismissed. The appeal of a disability rating in excess of 20 percent for low back strain with degenerative changes is denied.
- Granted
The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful occupation prior to October 22, 2020.
- Denied
The Veteran's appeals for higher ratings for his bilateral upper extremity and back disabilities were denied. The rating for ulnar nerve entrapment at elbow (left upper extremity) was denied as the disability did not meet the criteria for a greater than 20 percent rating. Similarly, the rating for carpal tunnel syndrome and ulnar nerve entrapment at elbow (right upper extremity) was also denied. The rating for low back strain with degenerative changes was denied due to lack of evidence showing severe incomplete paralysis or ankylosis.
- Granted
The Veteran was granted a total disability rating due to individual unemployability (TDIU) from May 1, 2011. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.
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