The Veteran's lumbar spine IVDS has been granted a 40 percent rating prior to February 4, 2020 and denied any increase in excess of that rating from February 4, 2020.
The deciding factor: The evidence showed functional impairment equivalent to flexion limited to 30 degrees or less during the entire appeal period, which is sufficient for a 40 percent rating under the General Formula for Diseases and Injuries of the Spine. The Veteran did not meet criteria for an increased rating in excess of 40 percent due to unfavorable ankylosis or incapacitating episodes.
- Claimed conditions
- lumbar spine intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2021
- Citation
- 21075742
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 21075742.
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 requests for earlier effective dates for service connection of lumbar spine intervertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, and right hand de Quervain's tenosynovitis.,The effective date for the grant of service connection was set at November 5, 2010.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to August 11, 2016, and in excess of 20 percent on and after August 11, 2016, for lumbar spine intervertebral disc syndrome, degenerative arthritis, and strain residuals; ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy. The Veteran's claim for TDIU prior to August 11, 2016 is also remanded.
- Granted
The Board has granted service connection for lumbar spine intervertebral disc syndrome and degenerative arthritis, but remanded the claim for a compensable rating for sleep apnea.
- Granted
Service connection for bilateral pes planus, lumbar spine intervertebral disc syndrome, right lower extremity radiculopathy, and obstructive sleep apnea (OSA) is granted.,Readjudication of the claims for service connection for a right wrist scar and a right wrist muscle injury are warranted.
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