An effective date of June 29, 2018 for a 40 percent rating for chronic low back strain with degenerative arthritis and intervertebral disc syndrome (low back disability) is granted.,The 20 percent ratings for sciatic nerve radiculopathy of the right lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,The 20 percent ratings for sciatic nerve radiculopathy of the left lower extremity from September 1, 2018 through December 20, 2021 are reinstated.,An effective date of October 4, 2018 for special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is granted.,TDIU on an extraschedular basis due to a service-connected low back disability, sciatic nerve radiculopathy of the right lower extremity, and, since April 16, 2013, sciatic nerve radiculopathy of the left lower extremity, effective from February 19, 2010 through June 28, 2018 is granted.,TDIU on a schedular basis due to a service-connected low back disability and sciatic nerve radiculopathy of the right and left lower extremities since June 29, 2018 is granted.
The deciding factor: The private treatment records show that the Veteran had forward flexion of the thoracolumbar spine limited to 30 degrees on June 29, 2018.,The record does not show improvement of the Veteran's sciatic nerve radiculopathy of the right lower extremity, including improvement in the ability to function under the ordinary conditions of life and work, to warrant a rating reduction from 20 percent to 0 percent for the period from September 1, 2018 through December 20, 2021.,The record does not show improvement of the Veteran's sciatic nerve radiculopathy of the left lower extremity, including improvement in the ability to function under the ordinary conditions of life and work, to warrant a rating reduction from 20 percent to 0 percent for the period from September 1, 2018 through December 20, 2021.,From October 4, 2018, a TDIU has been assigned based solely on the Veteran's service-connected posttraumatic stress disorder (PTSD) with major depressive disorder; his other service-connected disabilities have had a combined rating of at least 60 percent, are separate and distinct from his psychiatric disorder, and involve bodily systems different from his psychiatric disorder.,From February 19, 2010 through June 28, 2018 the ratings assigned the Veteran's service-connected low back disability and sciatic nerve radiculopathy did not satisfy the percentage requirements for schedular TDIU.,From June 29, 2018, the ratings assigned the Veteran's service-connected low back disability and sciatic nerve radiculopathy of the right and left lower extremities have satisfied the percentage requirements for TDIU on a schedular basis.
- Claimed conditions
- Low Back Disability, Sciatic Nerve Radiculopathy of the Right Lower Extremity, Sciatic Nerve Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 19, 2023
- Citation
- 23016910
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 23016910.
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 Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
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