The Veteran's lumbosacral spine disability has been granted a 20 percent rating. The Veteran's TDIU claim is also granted. The Veteran's claims for service connection of radiculopathy of the right upper extremity, left upper extremity, and dizziness and reduced equilibrium have all been withdrawn.
The deciding factor: The Veteran's lumbosacral spine disability resulted in an abnormal spinal contour due to scoliosis, which meets the criteria for a 20 percent rating under Diagnostic Code 5237. The Veteran's TDIU claim is granted as his combined service-connected disabilities meet the schedular requirements.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Dizziness and reduced equilibrium with short blackouts
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 5, 2019
- Citation
- 19160668
Veterans Law Judge
Decisions by this judge: 1,948 · Granted: 29% (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 19160668.
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 remanded two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Denied
The Veteran's cervical strain is currently rated at 10 percent, but the evidence does not support a higher rating.,There is no current diagnosis of radiculopathy of the left upper extremity. The Veteran's service-connected cervical strain did not result in this condition.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
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