The VA determined that the veteran's chronic lumbosacral strain does not warrant a higher evaluation, as his range of motion is well over the threshold required for a 40 percent rating. The Board found no evidence supporting an increased disability evaluation.
The deciding factor: The veteran demonstrated forward flexion movement well over the 30 degree threshold required by the criteria for a 40 percent disability evaluation and did not have any ankylosis, which is necessary to warrant such a higher rating under Diagnostic Code 5237.
- Claimed conditions
- chronic lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 22, 2008
- Citation
- 0836190
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 0836190.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Granted
The Veteran's initial disability ratings for chronic lumbosacral strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and depression have been granted. The Veteran also received a TDIU effective from January 21, 2009.
- Remanded (sent back)
The Board has decided to remand the case due to errors in fulfilling its duty to assist, specifically regarding obtaining private treatment records from Dr. R and a retrospective medical opinion.
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