The Veteran's claim for a higher rating of intervertebral disc syndrome and degenerative disc disease of the lumbar spine is granted. The claims for initial ratings higher than 10 percent for left lower extremity radiculopathy, service connection and separate rating for right lower extremity radiculopathy, service connection for chronic disability due to herbicide exposure (difficulty breathing), hypertension due to herbicide exposure, and TDIU are all remanded.
The deciding factor: The Veteran's low back disability is rated based on its orthopedic impairment with a 40 percent evaluation. The neurological component of the left lower extremity radiculopathy is also separately evaluated at 10 percent.
- Claimed conditions
- intervertebral disc syndrome, degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 3, 2020
- Citation
- 20071003
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 20071003.
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 claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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