The Veteran's lumbar spine disability was granted a 40% rating from December 5, 2000 to December 12, 2002. For the period after December 12, 2002, an increased rating in excess of 40% for the lumbar spine disability is denied. Effective dates prior to January 28, 2009 are denied for service connection of right and left lower extremity radiculopathies. SMC at the housebound rate was granted from January 28, 2009 to September 1, 2017.
The deciding factor: The Veteran's lumbar spine disability met criteria for a 40% rating under the old and revised VA Rating Schedule due to severe symptoms with positive Goldthwaite’s sign. Effective dates prior to January 28, 2009 were denied as right and left lower extremity radiculopathies were not shown prior to this date.
- Claimed conditions
- Chronic lumbosacral strain (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 28, 2019
- Citation
- 19114829
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19114829.
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.
- Denied
The Veteran's lumbar spine disability was rated at 20 percent from July 17, 2017. The Board found that the disability did not meet or more nearly approximate the criteria for a higher rating under the applicable diagnostic codes.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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