The Veteran's lumbar spine disability was granted a 20 percent rating for the period prior to June 21, 2017.,A higher rating is denied for the period since June 21, 2017.,An initial 20 percent rating was granted for the trapezius muscle spasms disability prior to July 28, 2022.,An initial 30 percent rating was granted for the trapezius muscle spasms disability since July 28, 2022.,Radiculopathy of the right upper extremity is rated at a separate initial 40 percent evaluation.,Radiculopathy of the left upper extremity is rated at a separate initial 30 percent evaluation.

The deciding factor: The Veteran's lumbar spine disability did not meet criteria for higher ratings due to lack of forward flexion, ankylosis, or incapacitating episodes.,For the period since June 21, 2017, the Veteran's lumbar spine disability did not meet criteria for higher ratings.,The trapezius muscle spasms disability met criteria for a 20 percent rating prior to July 28, 2022.,For the period since July 28, 2022, the Veteran's trapezius muscle spasms disability met criteria for a 30 percent rating.,Radiculopathy of the right upper extremity was rated at a separate initial 40 percent evaluation based on moderate incomplete paralysis.,Radiculopathy of the left upper extremity was rated at a separate initial 30 percent evaluation based on moderate incomplete paralysis.

Claimed conditions

lumbar spine disability, trapezius muscle spasms

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

20%

Decision date

January 3, 2024

Citation

24000270

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 24000270.