The Board denied a rating in excess of 40 percent for the Veteran's back disability, but granted separate ratings of 10 percent for right and left lower extremity radiculopathy.
The deciding factor: The evidence did not show unfavorable ankylosis or incapacitating episodes of IVDS that would warrant higher ratings under applicable diagnostic codes.
- Claimed conditions
- lumbar strain, spondylosis with scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20068221
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.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Partly granted
The Board granted service connection for bilateral pes planus, lumbar strain, and left knee strain. The initial rating period from March 5, 2024, was denied for allergic rhinitis.
- Granted
The Board granted service connection for lumbar strain, finding that the Veteran's current condition had its onset during active service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.