The Veteran's lumbar spine disability is now rated at 40 percent effective August 20, 2019. The earlier effective date for radiculopathy of the right lower extremity has been granted.
The deciding factor: The evidence showed that the Veteran's lumbar spine disability was manifested by unfavorable ankylosis from August 20, 2019 onwards, warranting a 40 percent rating under DC 5237.
- Claimed conditions
- Migraine headaches, Lumbar spine disability (including lumbar vertebral fracture residuals), Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 20, 2024
- Citation
- 24008432
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 24008432.
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 Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Board denied an increased initial disability rating for migraine headaches, finding that the Veteran's symptoms did not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Dismissed
The Veteran's appeals for service connection and increased ratings were dismissed due to an improper concurrent election.
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