The Veteran's lumbar spine disability is rated at 40 percent since December 2, 2006. The Board finds that the evidence is at least evenly balanced as to whether his symptoms have most nearly approximated flexion limited to 30 degrees or less during this period.
The deciding factor: The Veteran's lumbar spine disability has been rated under the general rating formula for diseases and injuries of the spine, with a 40 percent rating based on forward flexion of the thoracolumbar spine being 30 degrees or less. The Board found that his symptoms have most nearly approximated this level of limitation.
- Claimed conditions
- lumbosacral strain with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 3, 2013
- Citation
- 1311053
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 1311053.
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 Board remanded the claim for an initial disability rating in excess of 20 percent for lumbosacral strain with osteoarthritis because the VA examinations were inadequate.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a VA examination to assess the severity of his service-connected lumbosacral strain with osteoarthritis.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development and readjudication of his claims, including obtaining updated treatment records and ensuring proper notice regarding a claim for TDIU.
- Granted
The Veteran's low back disability is rated at 40 percent, effective September 8, 2009. The Board also granted separate ratings of 10 percent for radiculopathy in both lower extremities from January 14, 2010.
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