The Veteran's low back condition, bilateral lower extremity radiculopathy, and kidney disability are all service-connected. The Board granted a 40 percent rating for the low back condition prior to December 21, 2022, and a 100 percent rating for loss of use of both feet from February 2, 2021, to December 21, 2022. The Veteran's kidney disability is rated at 60 percent or more.
The deciding factor: The Board found that the Veteran's low back condition met the criteria for a 40 percent rating based on limitation of motion and functional loss during flare-ups and with repeated use.
- Claimed conditions
- lumbar strain with spondylosis and degenerative disc disease (low back disability), bilateral lower extremity radiculopathy, kidney disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 4, 2023
- Citation
- 23054872
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 23054872.
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.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Granted
For the period prior to October 29, 2021, SMC under 38 U.S.C. § 1114(s) based on housebound status is denied.,For the entire appeal period, SMC under 38 U.S.C. § 1114(l) based on need of regular aid and attendance is granted.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
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