The Veteran's back condition and left lower extremity radiculopathy have been granted increased ratings, but the effective dates for these changes are not earlier than January 30, 2015.
The deciding factor: The VA examinations and treatment records did not show sufficient evidence of a higher rating prior to June 18, 2015, or service connection before that date.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 29, 2020
- Citation
- 20081368
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 Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
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.