The veteran's initial compensable rating for lumbar strain and degenerative disc disease prior to September 19, 2005 was granted. For the period on and after September 19, 2005, a higher than 20 percent rating was denied.
The deciding factor: The veteran's low back disorder did not meet or approximate the criteria for a higher initial rating prior to September 19, 2005, as his range of motion on forward flexion was normal. After that date, he had limited range of motion but it did not reach the level required for a higher rating.
- Claimed conditions
- lumbar strain, lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 2, 2008
- Citation
- 0841286
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 0841286.
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 has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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