The Veteran's claim for a higher rating for his lower back disability was denied prior to April 2, 2020. After April 2, 2020, the Veteran's claim for a higher rating was also denied. The Board granted service connection for bilateral lower extremity radiculopathy of the sciatic nerve as secondary to his service-connected lower back disability and granted TDIU.
The deciding factor: The VA examinations conducted prior to April 2, 2020 did not show sufficient functional loss or incapacitating episodes to warrant a higher rating. After April 2, 2020, the Veteran's range of motion was found to be consistent with a 40 percent disability rating under the General Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar strain, intervertebral disc syndrome (lower back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 27, 2020
- Citation
- 20069451
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
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