The veteran's low back syndrome is currently rated at 20 percent, which meets the criteria for a higher rating. Her bilateral ovarian cysts and chronic endocervicitis do not warrant an initial compensable rating.
The deciding factor: The VA examinations conducted prior to October 12, 2004, showed full range of motion in the thoracolumbar spine (90 degrees), which does not meet the criteria for a higher disability rating under Diagnostic Code 5237. However, from October 12, 2004 onwards, the veteran's flexion was limited to 5 degrees, meeting the criteria for a 40 percent disability rating.
- Claimed conditions
- Low Back Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 26, 2008
- Citation
- 0806331
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0806331.
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.
- Granted
The Veteran's claim for an effective date of November 22, 2022 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. The effective date is based on continuous pursuit of his increased disability rating claims and the fact that he meets the criteria for TDIU due to service-connected disabilities.
- Granted
The Veteran was granted a TDIU from January 1, 2011 to December 31, 2013 due to service-connected disabilities. The effective date for Dependents' Educational Assistance (DEA) benefits prior to February 1, 2015 is denied as the Veteran does not have a total disability rating during that period.
- Denied
The Veteran's low back syndrome has not met the criteria for a disability rating in excess of 30 percent prior to November 8, 2018 and has not met the criteria for a disability rating in excess of 40 percent since November 8, 2018.
- Partly granted
The Veteran would have been entitled to receive compensation at the 10 percent rate for a low back syndrome from May 17, 1979, but the July 18, 1988, decision denied both an earlier effective date and an increased rating. The Board found no CUE in either decision.
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