The Veteran's back disability is granted a 40 percent rating prior to July 26, 2022. The claim for greater than 40 percent ratings for the back disability is denied.
The deciding factor: The evidence shows that during flare-ups, the Veteran experienced forward flexion of his thoracolumbar spine at 30 degrees or less, meeting the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. However, no actual spinal ankylosis was noted.
- Claimed conditions
- Back disability, Left lower extremity radiculopathy affecting the sciatic nerve, Right lower extremity radiculopathy affecting the sciatic nerve, Left lower extremity radiculopathy affecting the femoral nerve, Right lower extremity radiculopathy affecting the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 12, 2022
- Citation
- 22068268
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 22068268.
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 the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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