The Veteran's back scar is not considered for a compensable rating.,Effective from December 25, 2013, the Veteran received increased ratings of 40 percent for low back strain with IVDS and 20 percent each for right and left lower extremity radiculopathy.,TDIU was granted prior to April 29, 2015, and from August 1, 2015.
The deciding factor: The Veteran's back scar did not meet the criteria for a compensable rating under Diagnostic Code 7805.,It is factually ascertainable that the Veteran’s lumbar strain with IVDS increased in severity to warrant a 40 percent disability rating from December 25, 2013.,The effective dates were determined based on the date of receipt of claims and factual findings.
- Claimed conditions
- Back Scar, Low Back Strain with IVDS, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 27, 2020
- Citation
- 20006353
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 denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
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