The Veteran's post-operative residuals of L5 lumbar spondylosis are currently evaluated at 40 percent, effective September 14, 2009. The criteria for a higher evaluation do not meet or more nearly approximate the requirements for an evaluation greater than 40 percent.
The deciding factor: The Veteran's disability does not meet the criteria for unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating under Diagnostic Code 5243. The evidence shows limited range of motion but no fixation in flexion or extension.
- Claimed conditions
- post-operative residuals of L5 lumbar spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 28, 2011
- Citation
- 1143438
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 1143438.
What this means for you
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What you can do next
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