The Veteran's back disability is rated at 40 percent effective October 21, 2019. The Veteran also received a grant of TDIU.,The Veteran's bilateral lower extremity radiculopathy was granted initial ratings of 20 percent for the right leg and 20 percent for the left leg.
The deciding factor: The Veteran's back disability, as manifested by limitation of flexion to less than 30 degrees from October 21, 2019, warrants a higher rating of 40 percent under DC 5239. The effective date is set at October 21, 2019.
- Claimed conditions
- Back Disability, Bilateral Lower Extremity Radiculopathy (Left Leg)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 6, 2021
- Citation
- 21040675
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 21040675.
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 Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
- Remanded (sent back)
The Board has remanded the issues of service connection for right eye, left eye, left knee, and back disabilities due to conflicting statements from the Veteran and inconsistencies in his medical records.
- Denied
The Board denied the Veteran's claim of service connection for a back disability, finding that there was no evidence of an in-service injury or disease and that the current condition is not related to service.
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