The Board granted effective dates of February 5, 2022, for the grants of a 40 percent rating for status/post lumbar spine fusion surgery and a 20 percent rating for right lower extremity (RLE) radiculopathy.
The deciding factor: It was factually ascertainable that the Veteran's low back disability caused functional ankylosis during flare-ups, justifying the effective date of February 5, 2022, but no earlier.
- Claimed conditions
- status/post lumbar spine fusion surgery, right lower extremity (RLE) radiculopathy, allergic rhinitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043254
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 increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Remanded (sent back)
The Board remands the claim for a new examination to determine the severity of the Veteran's allergic rhinitis, including whether there is any nasal obstruction or polyps.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.