The Veteran's low back disability is granted a 40 percent rating prior to May 18, 2018. A separate 10 percent rating for left lower extremity sciatic radiculopathy is granted since December 10, 2008. The Veteran's claim for an increased rating in excess of 40 percent for the lumbar spine disability is denied.
The deciding factor: The VA examiner determined that the Veteran had forward flexion limited to 30 degrees or less at times throughout the appeal period, which meets the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's pain during flare-ups or after repeated use resulted in additional loss of motion.
- Claimed conditions
- Degenerative changes of the lumbar spine, Left lower extremity sciatic radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 6, 2020
- Citation
- 20064702
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20064702.
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 is granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.
- Granted
The reduction of the Veteran's evaluation for his back disability from 60 percent to 40 percent was improper, and the appeal is granted. The rating in excess of 60 percent for a back disability is denied. The ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.
- Dismissed
The Veteran's appeals for earlier effective dates and increased ratings have been withdrawn. The Board has dismissed all related claims.
- Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
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