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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23045823.
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 appeal for an increased evaluation in excess of 20 percent for lumbosacral strain and thoracic strain was denied, while other issues were remanded.
- 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.
- Granted
The Veteran was granted a higher level of special monthly compensation and an increased rating for his lumbar spine disability.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.