The Veteran's service-connected low back disability was granted a 40 percent evaluation from April 15, 2015, to April 7, 2016, and from June 1, 2016, to the present. The RO also increased his evaluations for radiculopathy affecting the left sciatic nerve, right sciatic nerve, left femoral nerve, and right femoral nerve.
The deciding factor: The Veteran's low back disability was found to be manifested by forward flexion of the thoracolumbar spine limited to fewer than 30 degrees during flare-ups of symptoms.
- Claimed conditions
- Degenerative disk disease of the lumbar spine, Radiculopathy affecting the left sciatic nerve, Radiculopathy affecting the right sciatic nerve, Radiculopathy affecting the left femoral nerve, Radiculopathy affecting the right femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2024
- Citation
- 24004228
Veterans Law Judge
Decisions by this judge: 399 · Granted: 41% (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 24004228.
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 Veteran's degenerative disk disease of the lumbar spine is currently rated at 20 percent, and the Board has granted a higher rating to 40 percent.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for lumbar spine disability to schedule a VA examination to determine if the Veteran has intervertebral disc syndrome (IVDS) and, if so, whether he has required bed rest prescribed by a physician during any 12-month period.
- Denied
The Veteran's claim for an effective date prior to October 31, 2018, for the award of service connection for a lumbar spine disability was denied. The earliest possible effective date is October 31, 2018.
- Granted
The Veteran's initial claim for a higher rating for degenerative disk disease of the lumbar spine was granted, with an effective date of November 2, 2007. The Veteran also received separate ratings for right and left lower extremity radiculopathy associated with his lumbar spine condition. His benign prostatic hypertrophy with urgency and frequency is rated at a 10 percent disability rating since August 6, 2020.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.