The Veteran's left hemilaminectomy with degenerative disc disease and bilateral hip pain disability is manifested by forward flexion of the thoracolumbar spine to 30 degrees, but no less. The criteria for an initial disability evaluation greater than 40 percent have not been met.
The deciding factor: The Veteran's range of motion was found to be limited with forward flexion at 30 degrees and additional loss due to pain on repetitive use amounting to approximately 10 degrees, resulting in a combined range of motion of 40 degrees. This does not meet the criteria for an evaluation greater than 40 percent.
- Claimed conditions
- left hemilaminectomy with degenerative disc disease, bilateral hip pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2011
- Citation
- 1111928
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 1111928.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings and service connection are being remanded due to scheduling conflicts preventing VA examinations, and the claim for a higher rating based on multiple noncompensable disabilities is inextricably intertwined with other pending claims.
- Remanded (sent back)
The Board has remanded the cases of service connection for left ankle pain, allergic rhinitis, and bilateral hip pain due to potential errors in decision-making.
- Dismissed
The Veteran withdrew all appeals related to his service connection claims for various conditions, including sinusitis allergies, bilateral ankle pain, bilateral knee pain, and heat sensitive low tolerance. The appeal is dismissed as a result.
- Denied
The Board denied the Veteran's appeal as his September 2020 substantive appeal was not timely filed, based on the VA Form 9 being received after the expiration of the 60-day time limit for filing a substantive appeal following the February 2020 SOC.
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