The Veteran's service-connected degenerative arthritis of the spine and intervertebral disc syndrome has at least as likely as not resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees since April 1, 2013.,The Veteran's left lower extremity radiculopathy is currently rated as 10 percent disabling and has not more nearly approximated a level of disability beyond mild incomplete paralysis at any point in the appeal period.
The deciding factor: An earlier effective date of April 1, 2013 for the 20 percent rating assigned for degenerative arthritis of the spine and intervertebral disc syndrome is granted based on a September 2020 examination report that shows forward flexion greater than 30 degrees but not greater than 60 degrees when considering flare-ups and repeated use over time.
- Claimed conditions
- Degenerative Arthritis of the Spine and Intervertebral Disc Syndrome, Left Lower Extremity Radiculopathy, Right Thumb Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 13, 2022
- Citation
- 22028420
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 22028420.
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 Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
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