The Veteran is granted a rating of 40 percent for his low back disability starting from October 23, 2020.,Separate ratings of 10 percent are granted for left and right lower extremity radiculopathy effective July 19, 2016 and October 23, 2020 respectively.
The deciding factor: The evidence shows that the Veteran's low back disability was manifested by forward flexion of the thoracolumbar spine to 35 degrees or less from October 23, 2020 onwards. This meets the criteria for a 40 percent rating under DC 5243.,Separate ratings are granted for left and right lower extremity radiculopathy as they were first shown in these respective periods.
- Claimed conditions
- Degenerative arthritis, Low back intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 29, 2021
- Citation
- 21025783
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 21025783.
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.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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