The veteran's service-connected residuals of lumbar spine trauma with transverse process fracture are rated at 40 percent disabling.
The deciding factor: Based on the functional equivalent of limitation of flexion to less than 30 degrees, a higher evaluation is warranted under Diagnostic Code 5235.
- Claimed conditions
- fracture of the L1 left transverse process, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2009
- Citation
- 0903294
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.
- Partly granted
The veteran's claim for a higher rating for back disability was denied. Other issues related to service connection and total disability were remanded for further review.
- Denied
The Board denied the veteran's claim for a rating higher than 20% for his left shoulder disability, stating that the evidence did not support a higher rating.
- Denied
The Board denied an increased rating in excess of 30 percent for the Veteran's right shoulder disability, finding that the evidence did not support a higher rating.
- Granted
The Veteran is granted a separate 10 percent rating for slight instability of the right knee, and his existing 10 percent rating for painful flexion of the right knee remains unchanged.
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