The Veteran's initial claim for an increased rating for his service-connected low back disability was granted, with a final evaluation of 40 percent effective from April 14, 2001. The appeal is resolved in favor of the Veteran.
The deciding factor: The evidence showed significant functional impairment and limitation of motion throughout the period on appeal, warranting the highest available rating under Diagnostic Code 5292 for severe limitation of motion of the lumbar spine.
- Claimed conditions
- mechanical low back pain with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 9, 2009
- Citation
- 0921712
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 0921712.
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.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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