The Veteran's low back disability is manifested by flexion to greater than 30 degrees, even with repetitive motion, no incapacitating episodes, and no neurological abnormalities. The criteria for an initial disability rating in excess of 20 percent have not been met.
The deciding factor: The Veteran's flexion was limited to 70 degrees at worst, which does not meet the requirement of flexion limited to 30 degrees or less for a higher 40% disability rating under Diagnostic Code 5237.
- Claimed conditions
- chronic lumbosacral strain with degenerative disc disease and spondylitic changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 9, 2010
- Citation
- 1033899
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 1033899.
What this means for you
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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 claim for an initial disability rating in excess of 20 percent for his service-connected chronic lumbosacral strain with degenerative disc disease and spondylitic changes is being remanded to the RO/AMC for additional development.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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