The Veteran's lumbar spine disability is rated at 40 percent from February 3, 2016. Separate ratings of 20 percent are granted for radiculopathy of the right and left lower extremities involving the sciatic nerve and femoral nerve associated with the lumbar spine disability. The Veteran’s right ankle disability remains rated at 10 percent.
The deciding factor: The VA examination revealed significant limitation in flexion, extension, lateral flexion, and rotation of the lumbar spine, which resulted in a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The separate ratings for radiculopathy were granted based on objective neurological abnormalities.
- Claimed conditions
- Intervertebral disc disease, Low back strain with radiculopathy (lumbar spine disability), Degenerative joint disease with Achilles tendonitis and stress fracture of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 21, 2020
- Citation
- 20048708
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 20048708.
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.
- Granted
The Veteran's service-connected degenerative arthritis, lumbosacral spine, with intervertebral disc disease, post lumbar fusion is rated at a 20 percent evaluation.
- Granted
The rating reduction from 30 percent to 10 percent for cervical spine disability is restored. The Veteran's tinnitus claim is granted, and the remaining issues are remanded.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error in the December 2019 VA examiner's opinion, which did not consider the Veteran's lay statements and other diagnoses. The AOJ should obtain an adequate VA examination for the cervical spine disability.
- Remanded (sent back)
The Board has decided that the Veteran's cervical spine condition, which is related to his service-connected intervertebral disc disease, should be remanded for further examination and opinion.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.