The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine with IVDS and radiculopathy of the right lower extremity was granted, restoring the 20% rating from April 27, 2022. The claims for increased ratings were denied.,Total disability based on individual unemployability due to service-connected disabilities (TDIU) was granted effective February 18, 2022.
The deciding factor: The Veteran's lumbar spine disability more nearly approximated forward flexion greater than 30 degrees but not greater than 60 degrees. The combined range of motion was 185 degrees with pain on all movements.,The Veteran's service-connected disabilities prevented him from establishing and maintaining substantially gainful employment.
- Claimed conditions
- Degenerative disc disease, IVDS (Intervertebral Disc Syndrome), Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 5, 2023
- Citation
- 23020872
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 23020872.
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 Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- 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.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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