The Veteran's thoracolumbar spine disability is currently rated at 40 percent, effective from February 7, 2023. His bilateral radiculopathy of the lower extremities has been granted service connection as secondary to his thoracolumbar spine disability.
The deciding factor: The VA examination revealed a significant decrease in forward flexion of the thoracolumbar spine to 30 degrees, which is sufficient for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- thoracic degenerative disc disease with lumbar spondylosis (thoracolumbar spine disability), bilateral radiculopathy of the lower extremities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 17, 2023
- Citation
- 23045823
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. Read the original VA decision (opens in a new tab) using citation 23045823.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The appeal for an increased evaluation in excess of 20 percent for lumbosacral strain and thoracic strain was denied, while other issues were remanded.
- Whole decision: Partly granted
The Board granted a rating of 40 percent for the lumbosacral strain from May 18, 2023, to December 12, 2023, and denied ratings in excess of 20 percent prior to May 18, 2023, and in excess of 40 percent since December 12, 2023. Service connection for bilateral radiculopathy of the lower extremities was also granted as secondary to a service-connected lumbar spine disability.
- Whole decision: Granted
The Veteran was granted a higher level of special monthly compensation and an increased rating for his lumbar spine disability.
- Whole decision: Granted
The Board granted service connection for right foot plantar fasciitis, left knee strain, lumbosacral strain with IVDS, and bilateral radiculopathy of the lower extremities as secondary to a service-connected right foot disability.
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