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
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.
- Denied
The Board denied the veteran's claims for increased ratings for left and right lower extremity sciatic radiculopathy and a separate evaluation for left knee instability, finding that the evidence did not support higher evaluations.
- Partly granted
The Board denied an initial compensable rating for erectile dysfunction and remanded the claims for a higher rating for spondylolisthesis with degenerative disc disease, left and right lower extremity sciatic radiculopathy, and service connection for migraines.
- Denied
The Board denied the Veteran's claims for increased ratings for various disabilities, including a lumbar spine disability and radiculopathies of both lower extremities, as well as left inguinal hernia and its scar.
- Partly granted
The Board granted an earlier effective date of December 12, 2023 for service connection for residuals of a left tibia fracture and denied increased ratings for various conditions.
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