The Veteran's service-connected dorsolumbar strain is currently rated at 20 percent, but the VA examiner found that his current range of motion and flare-ups warrant a higher rating up to 40 percent.
The deciding factor: The Veteran's dorsolumbar strain resulted in forward flexion limited to 18 degrees due to pain during flare-ups, which is more than the 30 degrees required for a 40% disability rating under Diagnostic Code 5237.
- Claimed conditions
- dorsolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2011
- Citation
- 1140568
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 1140568.
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 appeals for increased evaluations for his service-connected right shoulder bicipital tendonitis and bursitis, cervical strain, and dorsolumbar strain were denied by the Board. The case is being remanded to consider whether staged ratings are warranted.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including a VA examination and retrieval of VA outpatient records. The issues include claims for higher ratings for service-connected right shoulder tendonitis/bursitis, cervical strain, and dorsolumbar strain, as well as an issue regarding special monthly compensation based on need for aid and attendance or housebound status.
- Remanded (sent back)
The Board has remanded the case to the AOJ for scheduling a videoconference hearing due to the Veteran's request. The appeal is not resolved on its merits.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected dorsolumbar strain.
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