The Veteran's claim for increased ratings for his service-connected disabilities has been granted, with the exception of a compensable evaluation for laminectomy scar. The Veteran is now receiving an initial 40 percent rating for intervertebral disc syndrome post laminectomy syndrome effective July 12, 2016.,The Veteran's claim for earlier effective date for his service-connected intervertebral disc syndrome post laminectomy syndrome has been granted.
The deciding factor: The evidence of record supports the grant of a higher rating for the Veteran's service-connected disabilities. The Board found that the severity, frequency, and duration of the Veteran's symptoms more closely approximated the criteria for the requested increased ratings.,VA regulations require an effective date based on when the increase in disability occurred, not necessarily the date of examination.
- Claimed conditions
- Left lower extremity radiculopathy, sciatic nerve, Right lower extremity radiculopathy, sciatic nerve, Insomnia disorder with other medical comorbidity (claimed as chronic sleep problems), Intervertebral disc syndrome post laminectomy syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 6, 2023
- Citation
- 23064807
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 23064807.
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 right lower extremity radiculopathy, sciatic nerve associated with unstable back syndrome with degenerative changes (to include spinal stenosis, intervertebral disc syndrome) is currently rated at 10 percent.,The Veteran's left lower extremity radiculopathy, sciatic nerve associated with unstable back syndrome with degenerative changes (to include spinal stenosis, intervertebral disc syndrome) is currently rated at 10 percent.
- Denied
The Veteran's initial ratings for degenerative disc disease with spinal stenosis and disc bulge, right lower extremity radiculopathy (sciatic nerve), and right lower extremity radiculopathy (femoral nerve) have been denied.,The Veteran's back disability is rated at 10 percent due to limitations in range of motion. The claim for an increased rating was denied.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to concurrent elections of review options.
- Remanded (sent back)
The Board has remanded the claims for additional development due to insufficient medical opinions regarding the severity of the Veteran's lumbar spine and lower extremity radiculopathy conditions, including during flare-ups and after repetitive use over time.
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