The Veteran's disability rating for his service-connected lumbar spine degenerative arthritis and disc herniation was increased to 40 percent, effective September 1, 2007.
The deciding factor: The decision was based on the severity of the limitation of flexion of the thoracolumbar spine as of November 3, 2006, which approximated a limitation of flexion to 30 degrees or less, warranting a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine degenerative arthritis and disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911222
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911222.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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, including lumbar spine degenerative arthritis and disc herniation, have prevented him from securing or following substantially gainful employment for the period from June 16, 2004, to November 13, 2005. His disability rating for his lumbar spine condition is 40 percent on an extraschedular basis.
- Granted
The Veteran's service-connected lumbar spine degenerative arthritis and disc herniation was granted a disability rating of 40 percent as of November 3, 2006.
- Granted
The Veteran's service-connected lumbar spine degenerative arthritis and disc herniation was granted a disability rating of 40 percent effective November 3, 2006. The Board found that the condition did not meet criteria for an increased rating prior to this date.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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