The Veteran's claim for an increased rating and earlier effective date for his service-connected chronic low back pain with small L5-S1 disc herniation have been granted. The initial disability evaluation remains at 20 percent, but the effective date has been advanced to December 2, 2004.
The deciding factor: The Veteran's back disability is currently rated as 20 percent disabling under Diagnostic Code 5243 for intervertebral disc syndrome based on forward flexion of the thoracolumbar spine not greater than 60 degrees and a combined range of motion not greater than 120 degrees. The most recent VA examination did not indicate any ankylosis or incapacitating episodes.
- Claimed conditions
- chronic low back pain, small L5-S1 disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 26, 2009
- Citation
- 0919521
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 0919521.
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 case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Granted
The Board has determined that the Veteran's chronic low back pain was incurred in service and continues to this day, granting her claim for service connection.
- Granted
The Veteran's thoracolumbar disorder, including arthritis, thoracic spine scoliosis with degenerative changes, DDD, and chronic low back pain, is granted service connection. Service connection for a cervical strain is denied.
- Granted
The Veteran's chronic low back pain, left and right lower extremity radiculopathy, and bilateral foot conditions are granted. The lung condition (including asthma and bronchitis) is remanded for further evaluation.
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