The Veteran's lumbar spine disability was rated at 40 percent prior to February 1, 2008. The Board found that the evidence did not meet the criteria for a higher rating as there was no unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran’s forward flexion of the thoracolumbar spine was limited to 45 degrees, which does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board also noted that there were no incapacitating episodes or chronic orthopedic/neurologic manifestations.
- Claimed conditions
- Traumatic Arthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 15, 2012
- Citation
- 1239008
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 1239008.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD is granted at a rating of 70 percent, but no higher. The right inguinal hernia and left index finger fracture are both denied as not compensable.
- Denied
The Veteran's traumatic arthritis of the lumbar spine was evaluated at a 20 percent rating since February 1, 2008. The disability is currently manifested by forward flexion to no less than 35 degrees, accounting for pain on motion and after repetition; no ankylosis; and no incapacitating episodes.
- Denied
The Board found that the Veteran's left knee disability did not have its clinical onset in service, was not due to or aggravated by a service-connected disability, and is not presumed to be related to service. The Veteran's lumbar spine disability was also denied as it was determined to be unrelated to service.
- Denied
The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support a higher rating for PTSD or low back disability, and there was no indication of service connection being warranted based on exposure to specific hazards.
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