The Veteran's low back strain disability is increased to a 40 percent rating, as the evidence shows functional limitation of flexion to 20 degrees during flare-ups.
The deciding factor: The December 2004 and October 2005 VA examiners' reports suggest that the Veteran's flexion was limited to 20 degrees during flare-ups, which meets the criteria for a 40 percent rating under Diagnostic Code 5237.
- Claimed conditions
- low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 3, 2009
- Citation
- 0907774
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.
- Granted
The Veteran's service-connected disabilities render him unable to follow and secure substantially gainful employment, thus a total disability rating for individual unemployability is granted.
- Dismissed
The veteran withdrew the appeal for service connection for left knee patellar femoral syndrome, right knee patellar femoral syndrome, low back strain, and right hip bursitis.
- Partly granted
The Board denied service connection for multiple conditions, but granted service connection for bilateral hearing loss and tinnitus.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including migraines, OSA, a neck condition, left ankle sprain, low back strain, bilateral foot and knee conditions, right shoulder condition, left shoulder condition, and bilateral hearing loss, as VA failed to provide adequate examinations.
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