The Veteran's lumbar spine disability is rated at 40 percent, effective October 15, 2007. The increased ratings for left and right lower extremity radiculopathy are denied.
The deciding factor: The evidence does not show forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, which would warrant a higher rating under Diagnostic Codes 5237 and 5242. The Veteran's disability picture is best described as limited to a 40 percent evaluation.
- Claimed conditions
- lumbar back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 13, 2023
- Citation
- 23056011
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 23056011.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a lumbar back disability, finding that the Veteran's condition did not manifest during active service or until many years after service and is not shown to be causally related to an in-service event.
- Remanded (sent back)
The Board has found that the Veteran's tinnitus is service-connected. The claims for bilateral hearing loss, lumbar back disability, and bilateral feet disability are remanded due to insufficient evidence.
- Denied
The Board denied service connection for lumbar back disability, nose cancer, and soft tissue sarcoma. The soft tissue sarcoma claim was remanded due to the need for further evaluation.
- Denied
The Board has denied the Veteran's claims for service connection for a left testicle disorder, lumbar back disability, and respiratory ailment (emphysema). The decision also notes that new evidence submitted since the final denial is not considered material to reopen the claim of service connection for the left testicle disorder.
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