The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The condition does not meet criteria for a higher rating based on incapacitating episodes or other factors.
The deciding factor: The veteran's forward flexion of the thoracolumbar spine was found to be limited to 30 degrees, which meets the criteria for a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine. There were no incapacitating episodes or other factors that would warrant a higher rating.
- Claimed conditions
- Herniated nucleus pulposus with chronic back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 25, 2008
- Citation
- 0828793
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 0828793.
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
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