Entitlement to a rating of 40 percent for a back disability effective July 18, 2017 is granted.,Entitlement to a rating of 20 percent for a back disability from December 9, 2010 to July 18, 2017 is granted.
The deciding factor: The Veteran's range of motion on forward flexion was at 80 degrees with 30 degrees on extension. The March 2018 VA examination records show that the Veteran has a forward flexion at 0 to 50 degrees and his symptoms more nearly approximated the criteria for a rating at 40 percent for degenerative disc disease of the spine.
- Claimed conditions
- Back disability, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 15, 2019
- Citation
- 19163351
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 19163351.
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.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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