The Board granted an effective date of September 23, 2021, for the award of a 40 percent rating for the Veteran's lumbar spine disability and a 10 percent rating for his right lower extremity femoral radiculopathy.
The deciding factor: The evidence showed that entitlement to the benefits arose at the time of the claim, but there was no increase in severity factually ascertainable within a year prior to the claim.
- Claimed conditions
- lumbar spine scoliosis with intervertebral disc syndrome, degenerative disc disease, and annular fissure (lumbar spine disability), right lower extremity femoral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 7, 2025
- Citation
- A25058028
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.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's service-connected conditions without the use of pain medication and securing the credentials of the VA examiners.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
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