The Veteran's low back disability is rated at 40 percent since November 13, 2006 and higher ratings are denied.,Separate 40 percent ratings for bilateral lower extremity radiculopathy have been granted effective June 3, 2011, with even higher 60 percent ratings since May 20, 2015.
The deciding factor: The Veteran's low back disability has not shown unfavorable ankylosis of the entire thoracolumbar or entire spine. The highest rating under the General Rating Formula for Diseases and Injuries of the Spine is 40 percent, which requires forward flexion limited to 30 degrees or less.
- Claimed conditions
- Degenerative disc disease with anterior osteophyte formation (low back disability), Bilateral lower extremity radiculopathy involving the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 18, 2021
- Citation
- 21063859
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 21063859.
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 back condition is granted as service connected.,His bilateral lower extremity radiculopathy involving the sciatic nerve is also granted as secondary to his now service-connected back condition. The issue of polyuria and proteinuria (urinary condition) is remanded for further review.,Service connection for polyuria and proteinuria as secondary to obstructive sleep apnea is remanded.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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