The Veteran's back disability, left and right lower extremity radiculopathy have been granted initial ratings of 40 percent each. Effective April 23, 2015, the Veteran is also awarded a TDIU and Basic Eligibility for Dependents' Educational Assistance (DEA). SMC based on need of regular aid and attendance has been granted from March 18, 2019 to present.
The deciding factor: The Veteran's back disability met the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine due to forward flexion limited to 30 degrees or less. Temporary total ratings were granted based on convalescence following surgeries, and initial ratings for left and right lower extremity radiculopathy.
- Claimed conditions
- Thoracolumbar multi-level spondylosis with anterolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2023
- Citation
- 23001552
Veterans Law Judge
Decisions by this judge: 2,242 · Granted: 24% (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 23001552.
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
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