The Veteran's low back disability is rated at 40 percent from July 20, 2010. Right leg radiculopathy is rated at 20 percent since August 25, 2008 and a separate rating of 40 percent for left leg radiculopathy is granted from January 26, 2018 to prior to August 17, 2018. The Veteran's total disability based on individual unemployability (TDIU) is also granted.
The deciding factor: The evidence shows that the Veteran’s low back disability meets the criteria for a 40 percent rating from July 20, 2010 onwards. Right leg radiculopathy was rated at 20 percent since August 25, 2008 and a separate 40 percent rating is granted for left leg radiculopathy from January 26, 2018 to prior to August 17, 2018. The Veteran's unemployability due to his disabilities is also recognized.
- Claimed conditions
- Low Back Disability, Right Leg Radiculopathy, Left Leg Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 19, 2019
- Citation
- 19195442
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 19195442.
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.
- Denied
The Board denied the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board granted a 70 percent rating for PTSD, denied ratings in excess of 30 percent for left and right knee strains, granted separate 10 percent ratings for painful, noncompensable limitation of flexion of the knees, granted service connection for back condition and related radiculopathies, but denied service connection for bilateral hearing loss and a right shoulder condition.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
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