The Veteran's lumbar spine disability is rated at 40 percent for the entire rating period on appeal, effective as of January 31, 2022. The right lower extremity radiculopathy remains denied, but a separate rating for urinary incontinence due to service-connected lumbar spine disability is granted.
The deciding factor: The VA examiner found that the Veteran's lumbar spine disability more nearly approximated forward flexion limited to 30 degrees or less without unfavorable ankylosis of the entire thoracolumbar spine, warranting a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2022
- Citation
- 22005026
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 22005026.
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 reduction in rating from 40 percent to 10 percent for lumbar spine IVDS effective from April 1, 2020 to February 3, 2021 was not proper and thus the claim is granted.,Entitlement to an increased rating of 40 percent, but no higher, effective from February 3, 2021, for radiculopathy of left lower extremity sciatic nerve is granted.,Entitlement to an effective date earlier than February 3, 2021 for service connection for radiculopathy of left lower extremity sciatic nerve is denied.,Entitlement to an increased rating in excess of 20 percent for radiculopathy of right lower extremity sciatic nerve is denied.
- Remanded (sent back)
The Veteran's claim for higher ratings for service-connected low back disability and related radiculopathy is being remanded due to the need for clarification of crucial medical questions.,Higher ratings are sought for right and left lower extremity lumbar radiculopathy, but these issues have also been remanded.
- Remanded (sent back)
The Board denied an increased rating for tinnitus and remanded the claims for lumbar spine IVDS, radiculopathy of both lower extremities, service connection for a psychiatric disorder, and TDIU due to further development needed.
- Granted
The Board granted service connection for lumbar spine intervertebral disc syndrome and radiculopathy left lower extremity sciatic nerve as secondary to IVDS, finding the evidence was at least evenly balanced.
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