Entitlement to a rating of 40 percent for lumbar degenerative joint disease and spinal stenosis from January 31, 2012, to October 25, 2021, is granted.,Entitlement to a separate initial disability rating of 20 percent, but no higher, for left lower extremity neuropathy of the femoral nerve since January 31, 2012, is granted.,Entitlement to total disability rating based upon individual unemployability (TDIU) from January 31, 2012, to October 25, 2021, is granted.
The deciding factor: The Veteran's lumbar degenerative joint disease and spinal stenosis has been manifest by forward flexion of the thoracolumbar spine to 30 degrees or less during a flare-up since January 31, 2012. The VA examiner found that this condition warranted a higher rating of 40 percent effective January 31, 2012.
- Claimed conditions
- lumbar degenerative joint disease and spinal stenosis, left lower extremity neuropathy of the musculocutaneous nerve and sciatic nerves, left lower extremity neuropathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2023
- Citation
- 23058957
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 23058957.
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.
- Granted
The Board has granted service connection for the Veteran's bilateral lower and upper extremity neuropathies, finding that they are related to his in-service herbicide exposure (Agent Orange).
- Partly granted
The Board granted service connection for a bilateral eye disability (pinguecula and dry eye syndrome) on a direct basis, but dismissed claims for earlier effective dates and service connections for PTSD, rectal bleeding, left leg condition, and other neuropathies. The Board also denied an earlier effective date for the 50 percent rating for migraine headaches.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral lower extremity neuropathy disabilities are being remanded due to the need for a new examination.
- Dismissed
The Board dismissed the Veteran's appeals on all issues related to increased evaluations for various peripheral neuropathies and diabetes mellitus type II, as well as his claim for an effective date prior to August 16, 2013 for the grant of TDIU.
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