The Board granted a 40 percent rating for the Veteran's service-connected back disability for the period prior to July 13, 2004, and denied a rating in excess of 40 percent for the same condition from that date. The Board also granted increased ratings of 60 percent each for right and left lower extremity radiculopathy associated with the service-connected back disability.
The deciding factor: The decision was based on the severity of the Veteran's symptoms, including pain, stiffness, and limited motion, which were found to be severe enough to warrant a higher rating under the applicable criteria.
- Claimed conditions
- lumbar myositis, grade 1 spondylolisthesis, L5-S1 with associated bilateral spondylosis, degenerative joint disease of the lumbar spine and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2025
- Citation
- A25053365
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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