The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, but the VA examination and addendum indicate that his disability warrants a higher rating of 40 percent due to limited range of motion and mild sciatic neuropathy.
The deciding factor: The VA examination revealed forward flexion of the lumbar spine limited by pain to 30 degrees and combined range of motion for the lumbar spine limited by pain to 90 degrees, along with mild sciatic neuropathy. These findings meet the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 7, 2010
- Citation
- 1001065
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 1001065.
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.
- Partly granted
The Veteran's claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Denied
The Board denied entitlement to a rating in excess of 40 percent for the Veteran's lumbosacral strain with degenerative joint disease, as the evidence did not support a higher rating based on the current severity and functional impairment.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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