The Veteran's back disability and radiculopathy of the left lower extremity were granted service connection, but a rating in excess of 40 percent for the back disability prior to October 10, 2022 was denied. The effective date for the 20 percent rating for radiculopathy of the left lower extremity is set at June 30, 2022.
The deciding factor: The evidence did not show that the Veteran's back disability resulted in ankylosis or incapacitating episodes requiring bed rest prescribed by a physician. The VA examination showed forward flexion limited to 30 degrees and unfavorable ankylosis of the entire thoracolumbar spine, which does not meet the criteria for a higher rating.
- Claimed conditions
- Back disability, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 17, 2023
- Citation
- 23045819
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 23045819.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
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