The Veteran's lumbar spine disability is rated at 40 percent, effective August 9, 2016. The appeal for a higher rating prior to that date and in excess of 40 percent thereafter is denied. Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy are granted. Service connection for cervical spine degenerative arthritis is denied.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating prior to August 9, 2016 (when it was rated at 40 percent) and in excess of 40 percent thereafter. Service connection for right lower extremity radiculopathy and left lower extremity radiculopathy were granted based on etiological link to service-connected lumbar spine degenerative disc disease/arthritis, facet arthropathy, and spondylosis.
- Claimed conditions
- lumbar spine degenerative disc disease, arthritis, facet arthropathy, spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 27, 2022
- Citation
- 22055014
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 22055014.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to DIC due to a failure to obtain a medical opinion prior to the rating decision on appeal regarding whether the Veteran's arthritis was related to his period of active service, and if so, whether it contributed to his death.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
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