The Veteran's claim for an increased rating for left leg radiculopathy and spondylolisthesis, as well as his TDIU from October 31, 2012, is granted. The claim for a compensable rating for scar status post spinal fusion remains pending.
The deciding factor: The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from October 31, 2012.
- Claimed conditions
- left leg radiculopathy, spondylolisthesis, scar status post spinal fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 13, 2021
- Citation
- 21074002
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 21074002.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
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