The Veteran's lower back disability and associated radiculopathies are rated at 40 percent effective April 3, 2018. Higher ratings for these conditions prior to that date are denied.
The deciding factor: The VA examination showed actual forward flexion of the thoracolumbar spine limited to 35 degrees, which meets the criteria for a 40 percent rating under the General Rating for Spine Disabilities.
- Claimed conditions
- lower back disability, left lower radiculopathy, right lower radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 8, 2019
- Citation
- 19126557
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.
- Granted
The Board granted service connection for a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
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