The Veteran's degenerative disc disease of the lumbar spine is granted a 40% disability rating effective from November 22, 1994.
The deciding factor: The evidence was in equipoise as to whether the Veteran had painful motion from six to 30 degrees which more nearly approximated severe limitation of motion of the lumbar spine than moderate limitation of motion.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Status post removal, ingrown right great toenail, Status post removal, ingrown left great toenail, Bursitis of the right hip, Degenerative joint disease of the right hip, Right hip strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 16, 2022
- Citation
- 22009256
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 22009256.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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