The Board granted a 40 percent rating for the Veteran's lumbosacral spine disability from July 1, 2009, to July 31, 2012, and denied a higher rating in excess of 40 percent from August 1, 2012, to April 22, 2022.

The deciding factor: The decision was based on the evidence showing that the Veteran's lumbar spine disability met the criteria for a 40 percent rating during certain periods but not others.

Claimed conditions

Intervertebral disc syndrome with degenerative arthritis, s/pls fusions and spinal cord stimulator implant

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 19, 2025

Citation

25002420

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