The Veteran's arthritis of the lumbar spine is rated at 20 percent prior to August 10, 2020 and at 40 percent thereafter. Separate ratings of 20 percent are granted for weakness of both lower extremities due to arthritis of the lumbar spine from May 5, 2023.
The deciding factor: The Veteran's need to use a wheelchair is attributed to his severe arthritis, including arthritis of the lumbar spine, which causes functional limitation equivalent to less than 30 degrees of flexion or favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Arthritis of the lumbar spine, Weakness of left lower extremity due to arthritis of the lumbar spine, Weakness of right lower extremity due to arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 21, 2023
- Citation
- 23040223
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 23040223.
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.
- Denied
The Board has determined that the Veteran's arthritis of the lumbar spine was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. Continuity of symptomatology is not established, and the disability is not otherwise etiologically related to an in-service injury or disease.
- Denied
The Veteran's claim for a higher rating for arthritis of the lumbar spine was denied as her disability did not meet the criteria for a higher evaluation under VA's rating schedule.
- Granted
The Board has granted service connection for arthritis of the lumbar spine, right ankle, left ankle, and left foot on a presumptive basis due to continuous symptoms since service separation.
- Dismissed
The Veteran's appeal for service connection for right ear hearing loss was dismissed as untimely. The claim of a higher rating for his lumbar spine disability was denied, and the Veteran was granted a total disability rating based on individual unemployability.
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