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. Read the original VA decision (opens in a new tab) using citation 1004443.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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