The Veteran's initial claim for a higher rating for his back disability was granted, and he is now receiving a 20% rating effective June 4, 2014. Separate ratings of 10% each were also granted for left and right lumbar radiculopathy.
The deciding factor: The VA examination results showed that the Veteran's back disability did not meet the criteria for an increased rating beyond 10%, but he was granted a higher initial rating due to his separate diagnoses of lumbar radiculopathy.
- Claimed conditions
- Thoracic and lumbar disc herniation, Left lumbar radiculopathy, Right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 24, 2019
- Citation
- 19180811
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 remands the claims for further development and to correct duty-to-assist errors related to the Veteran's back condition, left leg pain, hypertension, tinnitus, knee strain, and sleep apnea.
- Partly granted
The Board granted service connection for a neck disability and a back disability, but denied service connection for BPPV. The right lumbar radiculopathy was also granted as secondary to the back disability.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right lumbar radiculopathy, and left ankle lateral collateral ligament sprain.
- Dismissed
The Veteran withdrew his appeals for increased ratings of degenerative arthritis of the lumbar spine and left lumbar radiculopathy.
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