The Veteran's back disability was rated at 20 percent for the period from January 31, 2006 to May 6, 2008. After this date, his condition warranted a higher rating of 40 percent.
The deciding factor: The Veteran's flexion limitation due to pain in the lumbar spine was found to be less than or equal to 30 degrees after May 6, 2008, which did not meet the criteria for a higher rating under Diagnostic Code 5237.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 1, 2010
- Citation
- 1020052
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 1020052.
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.
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The Board denied all claims for increased ratings, except for sinusitis which was granted a higher rating.
- Granted
The Veteran's service-connected disabilities, including PTSD, TBI, migraines, and degenerative arthritis of the spine, prevented him from securing or following substantially gainful employment from September 11, 2014 to January 15, 2017.
- Remanded (sent back)
The Veteran's claim for a higher rating for his IVDS with degenerative arthritis is denied. The Board has remanded the issue due to procedural issues and potential new evidence.
- Denied
The Veteran's low back condition is rated at 40% disabling, but the original rating was 10%. The appeal seeks a higher rating.
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