The Veteran's lumbar spine disability is rated at 40 percent, but no higher, prior to December 21, 2022. From December 21, 2022, the rating remains at 40 percent for his right lower extremity radiculopathy and 40 percent for his left lower extremity radiculopathy. The Veteran's urinary incontinence is rated at 10 percent from March 14, 2022.
The deciding factor: The VA examiners found the Veteran had additional functional loss during flare-ups resulting in forward flexion to 10 degrees, which does not meet the criteria for ankylosis or unfavorable ankylosis of the entire thoracolumbar spine. The Veteran's symptoms have been consistent throughout the appeal period.
- Claimed conditions
- lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, urinary incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 4, 2023
- Citation
- 23042947
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 23042947.
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 decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- 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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