The Veteran's back disability is rated at 40 percent, effective January 10, 2019.,The Veteran's right and left lower extremity radiculopathy are each rated at 20 percent, effective January 10, 2019.
The deciding factor: The VA Board found that the Veteran’s back disability most closely approximated the criteria for a 40 percent rating based on forward flexion of less than 30 degrees during flare-ups.
- Claimed conditions
- Degenerative Disc Disease of the Thoracolumbar Spine, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2019
- Citation
- 19102438
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.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
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