The veteran was granted a 40 percent evaluation for the service-connected lower back strain as of September 1, 2005.
The deciding factor: The range of motion of the veteran's spine limited to 30 degrees or less warranted a 40 percent rating under the criteria for intervertebral disc syndrome based on incapacitating episodes.
- Claimed conditions
- lower back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 6, 2008
- Citation
- 0814887
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 Board denied service connection for chronic fatigue syndrome, benign prostatic hyperplasia, erectile dysfunction, and lower back strain as the evidence did not support a finding that these conditions were incurred in or caused by active service.
- Dismissed
The appeal for an earlier effective date and a compensable rating for chronic cough was denied, while the claims for service connection for lower back strain, spinal fusion surgery, L3-4 foraminotomy, L4-5 discectomy, and gout in the right foot were remanded.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial rating in excess of 20 percent for lower back strain and a total disability rating based on individual unemployability (TDIU) from June 25, 2015.
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