The Veteran's low back disability was rated as noncompensable under DC 5237, effective after September 26, 2003. The RO increased the rating to 10 percent in October 2004 and granted a separate 10 percent evaluation for radiculopathy of the left lower extremity. In August 2008, the RO granted a 20 percent rating based on additional functional loss due to pain.
The deciding factor: The VA examiner found that the Veteran's forward flexion was limited to 90 degrees with pain and tenderness, resulting in an impairment of function equivalent to a 20 percent disability under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 19, 2009
- Citation
- 0918662
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 0918662.
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 Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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