The Veteran's disability rating for lumbar spine strain is denied as it did not meet the criteria for a higher rating prior to January 17, 2013. A separate rating of 10 percent was assigned for right lower extremity radiculopathy and another 10 percent for left lower extremity radiculopathy effective from January 17, 2013. The Veteran's TDIU claim prior to this date is granted on an extraschedular basis.
The deciding factor: The Veteran’s lumbar spine strain did not result in forward flexion limited to 30 degrees or less at any point during the appeal period, even considering functional loss due to symptoms such as pain and fatigue. The separate ratings for radiculopathy were appropriate given their distinct manifestations of mild incomplete paralysis.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 27, 2020
- Citation
- 20029112
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 20029112.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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