For the period prior to May 11, 2018, the Veteran's lumbar spine degenerative joint disease is rated at 20 percent.,Effective May 11, 2018, a 40 percent rating for lumbar spine degenerative joint disease is granted.,For the period prior to July 3, 2018, and thereafter, ratings of 10 percent are denied for left lower extremity radiculopathy of the sciatic nerve and right lower extremity radiculopathy of the sciatic nerve. Ratings of 20 percent are also denied.,For the period prior to July 3, 2018, a rating of 20 percent is denied for left lower extremity radiculopathy of the femoral nerve and right lower extremity radiculopathy of the femoral nerve.
The deciding factor: The Veteran's lumbar spine degenerative joint disease more closely approximates forward flexion of 30 degrees or less when considering the effects of functioning over time and flare-ups, warranting a 40 percent rating effective May 11, 2018.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2020
- Citation
- 20080146
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
- Remanded (sent back)
The Veteran's claim for service connection for prostate cancer was remanded due to exposure at Camp LeJeune. The Board also remanded the issue of increased evaluation for his lumbar spine disability, which is pending.
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