The Veteran's low back disability was rated at 10% prior to June 30, 2009 and granted a 40% rating effective June 30, 2009.,Effective November 14, 2018, the Veteran is assigned a separate 10% rating for radiculopathy of the right lower extremity as a neurological complication of his low back disability. A separate 10% rating was granted effective March 11, 2008 for radiculopathy of the left lower extremity.,Beginning November 14, 2018, the Veteran is not entitled to a higher than 20% rating for his left lower extremity radiculopathy.
The deciding factor: The evidence did not meet the criteria for a disability rating in excess of 10 percent prior to June 30, 2009. The Veteran's low back disability was rated at 10% prior to that date and granted a 40% rating effective June 30, 2009.,Effective November 14, 2018, the Veteran is assigned a separate 10% rating for radiculopathy of the right lower extremity as a neurological complication of his low back disability. A separate 10% rating was granted effective March 11, 2008 for radiculopathy of the left lower extremity.,Beginning November 14, 2018, the Veteran is not entitled to a higher than 20% rating for his left lower extremity radiculopathy.
- Claimed conditions
- Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 15, 2019
- Citation
- 19137720
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (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 19137720.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.