An initial disability rating of 20 percent is granted for low back strain from December 1, 2009.,A higher initial disability rating in excess of 20 percent for the low back strain is denied throughout the entire appeal period.,Higher initial disability ratings for radiculopathy of the right lower extremity are denied since October 24, 2019.
The deciding factor: The Veteran's low back strain was manifested by muscle spasms severe enough to result in an abnormal gait and abnormal spinal contour (scoliosis).,Even considering functional loss due to pain on movement, the degree of additional limitation did not result in forward flexion of the thoracolumbar spine to 30 degrees or less.,Radiculopathy of the right lower extremity was not documented by the record prior to September 18, 2015.
- Claimed conditions
- Low back strain, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 31, 2020
- Citation
- 20022418
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 20022418.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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