The Veteran's low back disability is currently rated at 40 percent effective September 24, 2008. The left knee disability remains rated at 20 percent.
The deciding factor: The March 2010 VA examination revealed significant impairment in the Veteran's lumbar spine, including flexion to as little as 20 degrees and extension to 15 degrees, which met the criteria for a 40 percent rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative Joint Disease of the Lumbosacral Spine, Irregularity of the Posterior Horn, Left Meniscus with Arthritic Changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 4, 2011
- Citation
- 1113221
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 1113221.
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.
- Remanded (sent back)
The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and effective dates are remanded due to procedural errors and need for additional medical opinions.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.
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