The Veteran's initial claim for service connection was granted in November 2011, with a 10% rating effective July 25, 2007. The RO increased the ratings to 20% effective October 23, 2013.,For the period prior to September 19, 2013, the Veteran's back condition was not more than 10%, and for the period between September 19, 2013 and March 20, 2018, it was not more than 20%. Since July 1, 2018, a 40% rating has been granted.
The deciding factor: The Veteran's back condition did not warrant higher ratings prior to September 19, 2013 due to the lack of evidence showing significant impairment in range of motion or functional loss.
- Claimed conditions
- herniated nucleus pulposus, lumbar spine, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 28, 2020
- Citation
- 20036800
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 20036800.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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