The Veteran's lumbar disability is granted a rating of 40 percent, but no higher, from August 2, 2012.,Separate ratings of 10 percent for LLE radiculopathy are granted from August 2, 2012, to September 24, 2015, and from August 2, 2012, to November 29, 2017.,Separate ratings of 10 percent for RLE radiculopathy are granted from August 2, 2012, to November 30, 2017.
The deciding factor: The Veteran's lumbar disability was rated based on the most restrictive measurements provided by the examinations during the review period. The evidence supported a finding of limited forward flexion at 35 degrees, which is only 5 degrees shy of the criterion for a 40 percent rating.
- Claimed conditions
- lumbosacral strain with degenerative disc and joint disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 7, 2023
- Citation
- 23043833
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 23043833.
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 withdrew his appeals regarding effective dates and initial disability ratings for lumbar spine disability, right and left sciatic nerve radiculopathy.
- Granted
The Veteran's lumbosacral strain with degenerative disc and joint disease, left femoral nerve radiculopathy, right femoral nerve radiculopathy, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy have been granted initial disability ratings. The appeal is remanded for further consideration of the Veteran's claim for a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the cause of death and whether service-connected disabilities contributed to it. The Veteran died from a brain tumor, but without known pathology of the brain mass, no definite determination can be made on whether the brain mass was related to military service or metastasized from his service-connected prostate cancer.
- Remanded (sent back)
The Veteran's claims for increased rating and TDIU related to his low back disability are being remanded due to the need for additional medical examination, as well as obtaining outstanding VA and SSA records.
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