The Veteran's back disability is rated at 40 percent effective July 2019, and his left lower extremity radiculopathy affecting the sciatic nerve from July 16, 2013 to March 8, 2017, and thereafter, is also rated at 40 percent. The Veteran's left lower extremity radiculopathy affecting the femoral nerve is rated at 20 percent.
The deciding factor: The evidence shows that the Veteran's back disability has been shown to be functionally limited to a flexion of less than 30 degrees, which meets the criteria for a 40% rating under the General Rating Formula for Diseases and Injuries of the Spine. The left lower extremity radiculopathy affecting the sciatic nerve was found to result in disability analogous to moderate incomplete paralysis, warranting a 40% rating.
- Claimed conditions
- Degenerative Arthritis, IVDS (Intervertebral Disc Syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2022
- Citation
- 22011080
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 22011080.
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 a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Remanded (sent back)
The Veteran's back disorder is remanded for further examination and opinion to determine its etiology, including consideration of his in-service injury and treatment.
- Dismissed
The Veteran's appeal for service connection regarding cervical strain with IVDS, spinal fusion, and spinal stenosis was dismissed because the Veteran died during the pendency of the appeal.
- Denied
The Veteran's initial evaluation for cervical spine disability remains at 10 percent, as his symptoms do not meet the criteria for a higher rating under VA regulations.
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