The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 20 percent effective May 17, 2018. Separate ratings for left and right lower extremity radiculopathy are denied.
The deciding factor: The medical evidence demonstrated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, which meets the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Left lower extremity radiculopathy (femoral nerve impairment), Right lower extremity radiculopathy (femoral nerve impairment)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 3, 2024
- Citation
- 24000154
Veterans Law Judge
Decisions by this judge: 352 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000154.
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.
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The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
- Granted
The Veteran is granted entitlement to Chapter 33 educational assistance benefits at the 100 percent rate due to his service-connected back disability and discharge from active duty.
- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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