The Veteran's low back disorder is now rated at 40 percent since January 7, 2009, due to severe limitation of motion and incapacitating episodes. Prior to that date, the disability was rated as 20 percent.
The deciding factor: Since January 7, 2009, the Veteran's low back disorder has resulted in forward flexion limited to no more than 5 degrees during flare-ups following repetitive motion, with no periods of doctor prescribed bedrest. This meets the criteria for a 40% evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 1, 2009
- Citation
- 0924739
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 0924739.
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 claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Granted
The Board has granted service connection for a low back disorder. The claims for bilateral hearing loss, hypertension, bilateral knee disorder, and an acquired psychiatric disorder are remanded.
- Denied
The Board denied service connection for a low back disorder, finding that the evidence did not show an in-service onset or relationship to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for low back disorder and bilateral knee disorders due to duty to assist errors prior to the rating decision on appeal. The Veteran is not prejudiced as a remand is necessary to correct these errors.
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