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.
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Partly granted
The Board granted readjudication of the claims for service connection for right and left knee disabilities and right and left leg pain based on new evidence, but remanded the claims for further development.
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