The Veteran's low back disability, post-traumatic arthritis of the lumbar spine, does not meet the criteria for a higher evaluation as it does not result in forward flexion of the thoracolumbar spine less than 30 degrees or favorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's disability did not cause any incapacitating episodes and his range of motion was within normal limits, thus failing to meet the criteria for a higher evaluation under the applicable diagnostic codes.
- Claimed conditions
- post-traumatic arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 27, 2010
- Citation
- 1004100
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 1004100.
What this means for you
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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 evaluation for post-traumatic arthritis of the lumbar spine is being remanded for a new VA examination to determine the current severity of his condition.
- Granted
The Board has determined that the veteran's low back disability is related to his service, as it was present prior to service and likely aggravated by military service. The other secondary claims are not addressed due to lack of evidence.
- Remanded (sent back)
The Board is remanding the case to the RO for further action, including obtaining additional VA medical records and ensuring compliance with VCAA notification requirements.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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