The Veteran's low back disability was initially rated at 10 percent prior to February 20, 2009 and has been granted a higher rating of 40 percent thereafter. The residuals of bilateral hernia repair have not met the criteria for a compensable evaluation.
The deciding factor: The VA examinations showed that the Veteran's low back disability was manifested by limitation of motion with forward flexion limited to 40 degrees, which meets the criteria for a 20 percent rating under Diagnostic Code 5243. The residuals of bilateral hernia repair did not meet the criteria for any compensable evaluation.
- Claimed conditions
- degenerative joint disease of the lower spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 16, 2010
- Citation
- 1005663
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 1005663.
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.
- Remanded (sent back)
The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical opinions regarding the etiology of his left knee condition, respiratory conditions, sleep apnea, lower spine disability, and bilateral peripheral neuropathy.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his limitations are considered in the combined rating. The preponderance of evidence does not support TDIU.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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