The Veteran's thoracolumbar spine disability, radiculopathy of the right and left lower extremities, and right knee instability are all rated at their maximum schedular ratings. The Veteran is granted initial ratings for these conditions.
The deciding factor: The evidence shows that the Veteran’s thoracolumbar spine disability, characterized by forward flexion limited to 30 degrees or less, radiculopathy of both lower extremities, and right knee instability all meet the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 6, 2020
- Citation
- 20064645
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
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