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Partly granted

The Board granted earlier effective dates for the ratings assigned for a lumbar spine disability and left and right lower extremity radiculopathy, but denied an initial rating in excess of 40 percent for the lumbar spine disability. Service connection was also granted for fecal incontinence.

The deciding factor: The Board found that the Veteran's forward flexion of the thoracolumbar spine has been limited to 30 degrees or less throughout the appeal period, supporting a finding of an earlier effective date for the 40 percent rating. The evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes.

Claimed conditions
lumbosacral strain with degenerative arthritis, degenerative disc disease, degenerative scoliosis, foraminal/lateral recess/central stenosis, and intervertebral disc syndrome (lumbar spine disability), left lower extremity radiculopathy, right lower extremity radiculopathy, fecal incontinence
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 2, 2025
Citation
25007396

Veterans Law Judge

M. HYLAND

Decisions by this judge: 1,863 · Granted: 26% (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 25007396.

What this means for you

A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.

What you can do next

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