A disability rating of 40 percent but no more, prior to January 15, 2020, for a lumbar spine disorder is granted.,A disability rating in excess of 40 percent since January 15, 2020, is denied. The Veteran's right lower extremity radiculopathy has been rated at 10 percent prior to January 15, 2020 and is not on appeal.
The deciding factor: The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes of at least six weeks over the last six months.
- Claimed conditions
- lumbar spine disorder, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 29, 2020
- Citation
- 20063659
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 20063659.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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