The Veteran's back disability, including degenerative disc disease, chronic thoracic strain and scoliosis, was granted a rating of 20 percent for the period prior to May 22, 2019. A separate rating of 20 percent is also granted for right lower extremity radiculopathy. The Veteran's residuals of foreign body in the left foot are rated at 10 percent.
The deciding factor: The evidence shows that the Veteran’s back disability was characterized by forward flexion limited to 5 degrees during flare-ups, which is contemplated by a 40 percent rating. Right lower extremity radiculopathy was documented as mild to moderate severity and granted a separate 20 percent rating.
- Claimed conditions
- Back disability (including degenerative disc disease, chronic thoracic strain and scoliosis), Right lower extremity radiculopathy, Residuals of foreign body in the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2020
- Citation
- 20003096
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 increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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