The Veteran's lumbar spine disability has been manifested by flexion limited to 30 degrees due to pain upon repetition, but it does not meet the criteria for a higher rating of 40 percent as there have been no incapacitating episodes or unfavorable ankylosis.
The deciding factor: The Veteran's lumbar spine disability is currently rated at 20 percent based on forward flexion limited to 30 degrees with pain, which does not meet the criteria for a higher rating of 40 percent as required by Diagnostic Code 5243 (intervertebral disc syndrome) or 4.71a, Diagnostic Codes 5235-5243.
- Claimed conditions
- Degenerative Disc Disease, Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 1, 2011
- Citation
- 1125071
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 1125071.
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
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