The Veteran's low back disability is rated at 40 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's left lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's right lower extremity radiculopathy is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.,The Veteran's meniscal tear with degenerative arthritis of the right knee is rated at 20 percent prior to July 31, 2015 and denied for higher ratings thereafter.
The deciding factor: The evidence shows that the Veteran’s low back disability manifested forward flexion limited to 30 degrees or less but not ankylosis throughout the entire period on appeal. The Board finds the evidence prior to July 2015 VA examination to be in relative equipoise as to whether the Veteran demonstrated forward flexion to 30 degrees or less during that period.,The evidence shows that the Veteran’s left lower extremity radiculopathy manifested moderate incomplete paralysis throughout the entire period on appeal. The Board finds the evidence prior to July 2015 VA examination to be in relative equipoise as to whether the Veteran had moderate radiculopathy in his right and left lower extremities.,The evidence shows that the Veteran’s right lower extremity radiculopathy manifested moderate incomplete paralysis throughout the entire period on appeal. The Board finds the evidence prior to July 2015 VA examination to be in relative equipoise as to whether the Veteran had moderate radiculopathy in his right and left lower extremities.,The evidence shows that the Veteran’s meniscal tear with degenerative arthritis of the right knee manifested limitation of flexion during the entire period on appeal. The Board finds the evidence prior to July 2015 VA examination to be in relative equipoise as to whether the Veteran had a meniscal tear with effusion and locking of the right knee.
- Claimed conditions
- Low back disability, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Meniscal tear with degenerative arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 26, 2019
- Citation
- 19196338
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 19196338.
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 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 bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
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