The Veteran's back condition is rated at 40 percent, effective April 23, 2021. The Veteran also receives a TDIU rating due to his service-connected disabilities preventing him from securing or following substantially gainful employment. A 10 percent rating for right lower extremity radiculopathy remains unchanged.
The deciding factor: The VA examiner found that the Veteran's back condition more nearly approximated a 40 percent rating based on daily stiffness, constant pain with radiating pain to his right leg, and functional impairment caused by flare-ups. The TDIU was granted as the Veteran’s service-connected disabilities prevent him from securing or following substantially gainful employment.
- Claimed conditions
- herniated nucleus pulposus L5-S1, residual fecal incontinence, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2021
- Citation
- 21009672
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 21009672.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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