The Veteran's service-connected lumbar spine disability is manifested by forward flexion to 30 degrees or less, and the schedular criteria for a 40 percent rating are met.
The deciding factor: The VA examiner found that the Veteran's range of motion was limited to 80 degrees with repetitions, which does not meet the requirement for a higher rating under the applicable diagnostic codes. However, the Veteran reported flare-ups and pain that affected his ability to work and daily activities, warranting a higher rating.
- Claimed conditions
- intervertebral disc syndrome (IVDS) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 30, 2010
- Citation
- 1037267
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 1037267.
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.
- Denied
The Veteran's claims for increased ratings of intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied due to the Veteran failing to report for necessary VA examinations without showing of good cause.
- Remanded (sent back)
The Board has found that remand is necessary due to the failure of the RO to include certain issues in the supplemental statement of the case, specifically regarding the initial ratings for radiculopathy of the right lower extremity involving the femoral and sciatic nerves. The Veteran's claims are now on appeal as a result.
- 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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