Entitlement to a 40 percent disability rating from an earlier effective date of March 2, 2014, but not higher or earlier, for lumbosacral strain with degenerative disc disease (DDD) and intervertebral disc syndrome…

Board reasoning

The Board granted a 40 percent rating for the lumbar spine disability effective March 2, 2014, and denied higher prior to that date, based on evidence showing limited forward flexion and functional impairment consistent with 30 degrees or less or functional equivalent of ankylosis after that date. The Board also found that the Veteran requires regular aid and attendance due to service-connected disabilities, primarily the lumbar spine disability with radiculopathy, resolving reasonable doubt in the Veteran's favor. The analysis considered arthritis/DDD of the lumbar spine and determined no additional higher rating under other codes due to lack of corroborating evidence of unfavorable ankylosis or incapacitating IVDS episodes; separate radiculopathy ratings were acknowledged but not appealed. The Board ultimately granted SMC(l) for regular aid and attendance based on the combined impac...