The Veteran's initial 40 percent rating for lower back strain with DDD was granted, along with separate ratings for right and left lower extremity radiculopathy. The TDIU was also granted. Service connection for sleep apnea was remanded.
The deciding factor: The evidence supported the grant of a 40 percent rating for lower back strain with DDD based on forward flexion to less than 30 degrees, and separate ratings for right and left lower extremity radiculopathy were granted based on moderate incomplete paralysis. The TDIU was also granted due to service-connected disabilities precluding gainful employment.
- Claimed conditions
- lower back strain, right lower extremity radiculopathy, left lower extremity radiculopathy, right ankle strain, left ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 11, 2023
- Citation
- 23038165
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 23038165.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has remanded several service connection claims due to the need for additional medical records and examinations.,Service connection is denied for tinnitus.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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