The Veteran's low back disability was restored to a 40 percent rating effective August 18, 2015. The right upper extremity radiculopathy and cervical spine disabilities were not granted increased ratings.
The deciding factor: The effective date of the restoration of the 40 percent rating for the low back disability is set at August 18, 2015 based on the improvement noted in a VA examination report from that date.
- Claimed conditions
- Right upper extremity radiculopathy, Herniated nucleus pulposus of the lumbar spine (low back disability), Status post cervical spondylosis (cervical spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20067940
Veterans Law Judge
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 20067940.
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's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Granted
The Board has granted earlier effective dates of November 14, 2016 for the service connection of right upper extremity radiculopathy and left lower extremity radiculopathy as secondary to service-connected neck condition and lumbosacral strain, respectively.
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