The Board has determined that a rating higher than 20 percent is warranted for the Veteran's lower back disability prior to February 3, 2012. Since then, a 40 percent rating is granted.
The deciding factor: Prior to February 3, 2012, the evidence showed flexion limited to between 60 and 70 degrees without additional limitation on repetitive testing, but no ankylosis or incapacitating episodes were shown. Since then, flexion was limited to 35 degrees with additional functional loss due to pain at zero degrees and incoordination.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 2, 2013
- Citation
- 1321166
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 1321166.
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 has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the claims for service connection for left knee and lower back disabilities due to incomplete information about the Veteran's duty status during his periods of active service in the National Guard and Reserves.
- Granted
The Board has granted service connection for the Veteran's lower back disability, finding that it is etiologically related to his in-service duties of lifting heavy equipment.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for lower back disability, migraine headaches, fibromyalgia, CFS, and PTSD due to lack of a current diagnosis. The appeal is now remanded for further development.
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