The Veteran's lumbar spine disability is currently rated at 40 percent effective October 29, 2008. The next higher rating of 50 percent for unfavorable ankylosis of the entire thoracolumbar spine does not apply as there is no evidence of such.
The deciding factor: The medical evidence shows forward flexion limited to 30 degrees, which corresponds to a 40 percent evaluation effective October 29, 2008. The next higher rating requires unfavorable ankylosis of the entire thoracolumbar spine, which is not shown.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 29, 2010
- Citation
- 1004443
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 1004443.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a temporomandibular joint disorder, sleep disorder (claimed as obstructive sleep apnea), lumbar spine strain, and cervical spine degenerative arthritis, all secondary to the Veteran's service-connected post-traumatic stress disorder. The claim for traumatic brain injury was denied.
- Dismissed
The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Granted
The Veteran's psychiatric disability was granted a 100 percent rating, and special monthly compensation (SMC) at the housebound rate was also granted from March 31, 2011.
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