The Board has determined that a 40 percent rating is warranted for the veteran's lumbosacral strain with degenerative changes, as it consists of orthopedic pathology causing severe limitation of motion and more closely resembling a severe lumbosacral strain.
The deciding factor: The medical evidence shows significant orthopedic pathology without objective findings of radiculopathy or disc herniation, leading to the conclusion that a higher rating is warranted based on the severity of his symptoms and functional impairment.
- Claimed conditions
- lumbosacral strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 23, 2006
- Citation
- 0608447
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.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbosacral strain with degenerative changes, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient evidence.
- Denied
The Board denied the Veteran's claim for a rating in excess of 20 percent for lumbosacral strain with degenerative changes, as the evidence did not support a higher disability rating.
- Remanded (sent back)
The Board remands the case for a new examination to determine the current severity of the Veteran's lumbosacral strain with degenerative changes and to readjudicate the issues on appeal, including review of the evidence added to the claims file since the January 2017 SOC.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right knee and low back disabilities, as well as his claim for service connection for sleep apnea. The claims are being returned to the RO for further development.
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