The Veteran's lumbosacral spine disability was granted a 40% rating from February 26, 2019. The effective date remains pending as the AOJ has not yet addressed the NOD regarding the effective date.
The deciding factor: The VA spine examination in February 2019 diagnosed bilateral lower extremity radiculopathy secondary to the service-connected lumbosacral spine disability, which resulted in a marked limitation of forward flexion and abnormal gait or spinal contour.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 21, 2019
- Citation
- 19187712
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 a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Dismissed
The appeal for service connection for a lumbosacral spine disability and an acquired psychiatric disability is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for cervical spine, lumbosacral spine, left lower extremity paresthesia, left upper extremity paresthesia, acquired psychiatric disorder, and headaches as they were not shown to be related to the Veteran's military service.
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.