The Veteran's back disability is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 10 percent. The Board has found that a rating in excess of 40 percent for the back disability is warranted due to functional loss during flare-ups. The issues of entitlement to separate ratings for the lower extremities have been remanded.
The deciding factor: The Veteran's back disability, characterized by degenerative arthritis and herniated disc, has resulted in a current rating of 40 percent based on limitation of motion. However, due to functional loss during flare-ups, the Board finds that a higher rating is warranted. The issues of entitlement to separate ratings for left and right lower extremity radiculopathy have been remanded as there are no definitive findings regarding ankylosis or other criteria for increased ratings.
- Claimed conditions
- Degenerative arthritis of the spine, Herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2023
- Citation
- A23030086
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. Read the original VA decision (opens in a new tab) using citation A23030086.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's back condition is granted an increased disability rating of 40 percent, but no higher. The claims for service connection for LLE and RLE radiculopathies are remanded.
- Granted
The Board has granted service connection for the Veteran's lumbar spine, left knee, and right knee disabilities on a direct basis, finding that these conditions began during active service.
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