The Veteran's back disorder, which resulted in forward flexion ranging from full range of motion to no worse than 80 degrees with one report of 40 degrees following repeated use, was evaluated at a 20 percent rating prior to October 26, 2017. The Board found that the Veteran had consistent, credible complaints of chronic pain requiring prescription medications and physical therapy during flare-ups, which supported the grant of a higher 20 percent rating.
The deciding factor: The Veteran's subjective reports of additional pain and weakness due to flare-ups were considered in granting him a 20 percent disability rating over the 10 percent rating that the RO had initially awarded based on range of motion findings.
- Claimed conditions
- Herniated nucleus pulposus, status post laminotomy and discectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 28, 2022
- Citation
- 22018092
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 22018092.
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Granted
The Veteran's claim for SMC based on being housebound is denied, while his claim for SMC based on the need for regular aid and attendance of another person is granted. The decision also notes that the Veteran requires assistance from his wife and son to perform daily living activities due to his service-connected disabilities.
- Denied
The Board denied the Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 17, 2018, finding that his service-connected conditions did not preclude him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board has remanded the case due to insufficient information provided by VA examiners regarding the Veteran's back disability, right and left lower extremity peripheral neuropathy, and femoral radiculopathy. The examiners did not address whether pain significantly limited functional ability with flare-ups or if symptoms resulted in ankylosis.
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