The Veteran's back disability is rated at 20% effective June 3, 2009 and increased to 40% effective August 10, 2018. Effective June 3, 2009, the Veteran also received a 10% rating for radiculopathy of the left lower extremity and a 10% rating for radiculopathy of the right lower extremity.,The Board denied entitlement to TDIU prior to August 10, 2018.
The deciding factor: The Veteran's back disability was found to be at least as disabling as a 40% rating since August 10, 2018. Prior to this date, the evidence did not show ankylosis or flexion limited to 20 degrees.
- Claimed conditions
- Chronic lumbosacral strain (back disability), Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 27, 2021
- Citation
- 21076595
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 21076595.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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