The Veteran's lumbar spine DDD with L1 compression fracture was granted a rating of 20 percent prior to March 31, 2010 and 40 percent after that date. The initial ratings for right and left lower extremity radiculopathy were denied.
The deciding factor: The Veteran's back disability met the criteria for a higher rating under DC 5237 due to loss of motion during flares and abnormal gait caused by spasms, warranting a 40 percent rating. The initial ratings for right and left lower extremity radiculopathy did not meet the criteria for higher ratings as there was no evidence of moderately severe and incomplete paralysis.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with L1 compression fracture, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 3, 2024
- Citation
- 24005946
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 24005946.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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