The Board has granted a 40 percent disability rating for the Veteran's chronic lumbar sprain with degenerative disc disease and spondylolisthesis, effective from January 25, 2016. Service connection for bilateral lower extremity radiculopathy as secondary to the service-connected lumbar spine disability is denied.
The deciding factor: The Board found that the Veteran's back disability has been manifested by limitation of flexion to 30 degrees or less and did not more nearly approximate ankylosis of the thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during any 12-month period. The evidence did not support service connection for bilateral lower extremity radiculopathy as secondary to the service-connected lumbar spine disability.
- Claimed conditions
- chronic lumbar sprain, degenerative disc disease, spondylolisthesis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2023
- Citation
- 23004127
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 23004127.
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 for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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