A 20 percent rating (but no higher) for lumbar spine strain and facet joint arthritis with IVDS involving the left L3-S1 nerve roots is granted effective April 16, 2017.,Ratings in excess of 20 percent for radiculopathy of the left lower extremity are denied throughout the appeal period.
The deciding factor: The Veteran's lumbar spine disability more closely approximated the rating criteria for a 20 percent rating but no higher, with forward flexion between 30 and 60 degrees during flare-ups or repetitive use over time.,There is no direct support in the clinical evidence of record prior to November 18, 2021, for a higher 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine per Diagnostic Code 5243 (IVDS).
- Claimed conditions
- lumbar spine strain, facet joint arthritis with IVDS involving the left L3-S1 nerve roots
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 9, 2023
- Citation
- 23001198
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001198.
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 service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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