A rating of 40 percent for a back disability is granted effective April 8, 2019.,Entitlement to ratings in excess of 20 percent for left and right lower extremity lumbar radiculopathy is denied.,TDIU is granted effective April 8, 2019. The issue of TDIU prior to this date remains remanded.
The deciding factor: The Veteran's back disability meets the criteria for a 40 percent rating since April 8, 2019, considering his pain and functional impairment during flare-ups.,The Veteran's left and right lower extremity lumbar radiculopathy do not meet the criteria for ratings in excess of 20 percent as they are currently rated as 'mild.',The issue of TDIU prior to April 8, 2019 remains remanded.
- Claimed conditions
- Back disability, Left lower extremity lumbar radiculopathy, Right lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 7, 2021
- Citation
- 21073219
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 21073219.
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.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.