The Veteran's service-connected recurrent low back strain with spondylosis and intervertebral disc syndrome involving bilateral L1-S1 nerve roots has been rated at 40 percent since February 15, 2008. The Board found that the disability picture more nearly approximates forward flexion of the thoracolumbar spine limited to 30 degrees or less; there has been no ankylosis or incapacitating episodes having a total duration of 6 weeks during a 12 month period.
The deciding factor: The Veteran's low back disability is rated under the general rating formula for diseases and injuries of the spine, which requires consideration of forward flexion, combined range of motion, muscle spasm, guarding, or localized tenderness. The Board found that the Veteran's disability picture more nearly approximates a 40 percent rating based on limited forward flexion.
- Claimed conditions
- left knee disability, recurrent low back strain with spondylosis and intervertebral disc syndrome involving bilateral L1-S1 nerve roots
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 21, 2010
- Citation
- 1022808
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 1022808.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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