The Veteran's claim for a higher rating for lumbar spine spondylosis prior to March 17, 2016 was granted with a 40 percent rating. Separate ratings of 10 percent were assigned for right and left lower extremity radiculopathy from September 30, 2013 to March 17, 2016. The case is remanded for further action regarding the Veteran's TDIU claim.
The deciding factor: The VA examiner found that during a flare-up, the Veteran’s range of motion testing revealed forward flexion 0 to 30 degrees, which meets the criteria for a 40 percent rating under Diagnostic Code 5237 prior to March 17, 2016.
- Claimed conditions
- lumbar spine spondylosis, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 1, 2019
- Citation
- 19159791
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (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 19159791.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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