The Board has granted a 40 percent disability rating for residuals of a fracture to the lumbar spine and radiculopathy to the left lower extremity, effective January 28, 2009. The claim for an initial compensable rating for external cutaneous nerve disability in the left lower extremity was denied.
The deciding factor: The evidence is unclear whether the Veteran can functionally bend forward more than 30 degrees due to pain from his spine fracture residuals, resulting in a state of relative equipoise. The higher ratings are not warranted as there is no ankylosis or incapacitating episodes of IVDS.
- Claimed conditions
- residuals of a fracture to the lumbar spine, radiculopathy to the left lower extremity associated with sciatic nerve disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 21, 2020
- Citation
- 20061951
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 20061951.
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
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