The Veteran's low back disability is rated at 40 percent effective January 30, 2014. The RO also granted increased ratings for right and left lower extremity radiculopathy associated with the low back disability.
The deciding factor: The VA examiner found that forward flexion of the thoracolumbar spine was limited to approximately 30 degrees during the claim period, warranting a 40 percent rating under the pre-2021 amendment version of the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative arthritis of the spine (low back disability), Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 3, 2023
- Citation
- 23007136
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 23007136.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
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