A 20 percent rating, but no more, for chronic thoracolumbar strain and lumbar retrolisthesis prior to August 23, 2020, is granted.,A separate noncompensable rating for radiculopathy of the right lower extremity (RLE) of the sciatic nerve prior to August 23, 2020, is granted. A separate noncompensable rating for radiculopathy of the left lower extremity (LLE) of the sciatic nerve prior to August 23, 2020, is also granted.,A compensable rating for limitation of flexion for right knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for right knee PFS prior to August 23, 2020, is granted.,A compensable rating for limitation of flexion for left knee patellofemoral pain syndrome prior to August 23, 2020, is denied. A 10 percent rating, but no more, for left knee PFS prior to August 23, 2020, is granted.,A rating in excess of 10 percent for left knee patellofemoral pain syndrome since August 23, 2020, is denied.
The deciding factor: The Veteran's back disability was rated as 20 percent prior to August 23, 2020, and the evidence shows that forward flexion of the thoracolumbar spine was greater than 30 degrees but not greater than 60 degrees. The Board found no ankylosis or IVDS, which are required for a higher rating under DCs 5237-5243.,Since August 23, 2020, the Veteran's back disability was rated as 20 percent and the evidence shows that forward flexion of the thoracolumbar spine was to 55 degrees. The Board found no ankylosis or IVDS, which are required for a higher rating under DCs 5237-5243.,The Veteran's right knee disability was rated as noncompensable prior to August 23, 2020 and the evidence shows that range of motion was from 0 degrees extension to 110 degrees flexion with flare-ups causing stiffness and pain. The Board found no ankylosis or instability, which are required for a higher rating under DCs 5257-5263.,The Veteran's left knee disability was rated as noncompensable prior to August 23, 2020 and the evidence shows that range of motion was from 0 degrees extension to 100 degrees flexion with flare-ups causing stiffness and pain. The Board found no ankylosis or instability, which are required for a higher rating under DCs 5257-5263.,The Veteran's left knee disability was rated as 10 percent since August 23, 2020 and the evidence shows that range of motion was from 0 degrees extension to 100 degrees flexion with flare-ups causing stiffness and pain. The Board found no ankylosis or instability, which are required for a higher rating under DCs 5257-5263.
- Claimed conditions
- Chronic thoracolumbar strain with lumbar retrolisthesis, Radiculopathy of the right lower extremity (sciatic nerve), Radiculopathy of the left lower extremity (sciatic nerve), Right knee patellofemoral pain syndrome, Left knee patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 29, 2022
- Citation
- 22037510
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 22037510.
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.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine condition and lower extremity radiculopathy conditions were rated at 40 percent and 20 percent, respectively, effective May 24, 2022.,Prior to May 24, 2022, there is no evidence of an increase in severity for the Veteran's lumbar spine condition or lower extremity radiculopathy conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his low back, right knee, and left knee patellofemoral pain syndrome disabilities due to a duty to assist error. The VA examinations were inadequate as they did not consider the Veteran's lay statements regarding flare-ups and functional loss/impairment.
- Granted
The Board has granted the appellant's claims for service connection for various disabilities, including cervical strain, elbow and knee conditions, radiculopathy of upper and lower extremities, thoracolumbar strain, and GERD. The effective date is set at September 13, 2023.
- Denied
The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on the need of regular aid and attendance due to his psychiatric symptoms.
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