The Veteran's lumbar degenerative disc disease, status post lumbar fusion and disc surgery is currently rated at 40 percent disabling beginning July 30, 2019. The Veteran's radiculopathy of right lower extremity was granted an increased rating to 20 percent effective June 17, 2019. The Veteran's radiculopathy of left lower extremity is rated at 20 percent effective June 17, 2019.
The deciding factor: The VA examiner found the Veteran’s lumbar degenerative disc disease to be manifest by no more than forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees prior to July 30, 2019. The radiculopathy of right lower extremity was found to be manifested by moderately severe incomplete paralysis prior to June 17, 2019 and moderate incomplete paralysis beginning June 17, 2019. The radiculopathy of left lower extremity is manifest by moderate incomplete paralysis effective June 17, 2019.
- Claimed conditions
- lumbar degenerative disc disease, radiculopathy of right lower extremity, radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 5, 2019
- Citation
- 19191265
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 19191265.
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.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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