The Board granted a 40 percent rating for the back disability from January 25, 2023, to May 31, 2023, and denied a rating in excess of 100 percent between May 31, 2023, and October 1, 2023. The remaining claims for increased ratings for the back disability and bilateral lower extremity radiculopathy were remanded.
The deciding factor: The Board found that the evidence did not support a rating in excess of 40 percent for the back disability prior to May 31, 2023, but granted it due to the Veteran's pain limiting his functional motion. For the period from May 31, 2023, to October 1, 2023, a temporary total rating was assigned under 38 C.F.R. § 4.30.
- Claimed conditions
- Back disability, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2025
- Citation
- A25020936
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