The Board has determined that the veteran's low back disability warrants a higher evaluation than the current 40 percent, as his symptoms include severe limitation of motion and sciatica. The RO will continue to assign him a 40 percent rating for this condition.
The deciding factor: The veteran's chronic orthopedic manifestations (severe limitation of motion) and neurologic manifestations (sciatica) meet the criteria for a higher evaluation than the current 40 percent under the old VA Rating Schedule.
- Claimed conditions
- Degenerative joint disease, lumbosacral spine with disc bulge
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 22, 2006
- Citation
- 0608237
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 appeal for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease, and spinal fusion of the lumbar spine was denied as the Veteran failed to attend a necessary VA examination without good cause shown.
- Dismissed
The Veteran withdrew his appeal for service connection of degenerative joint disease and degenerative disc disease of the thoracolumbar spine, and the Board has no jurisdiction to review this issue.
- Denied
The Board denied the veteran's claims for an increased rating for appendectomy scar, a compensable evaluation for residuals of dislocated right ring finger, and service connection for degenerative joint disease secondary to the right ring finger disability.
- Remanded (sent back)
The Board has remanded the case due to a need for additional development, including a retrospective medical opinion regarding the Veteran's back disability from December 2013 to January 2020.
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.