The Veteran's service-connected degenerative disc and joint disease of the lumbar spine, as well as radiculopathy of the left lower extremity, are granted with a 40 percent evaluation. Additionally, he is granted TDIU due to his service-connected disabilities.
The deciding factor: The VA examiner provided evidence that the Veteran's back disability had most closely approximated the criteria for a 40 percent rating under the General Rating Formula (which contemplates limitation of flexion of the thoracolumbar spine to 30 degrees or less).
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 16, 2023
- Citation
- 23061437
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 23061437.
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 Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
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