The Veteran's low back disability has been rated at 20 percent since August 9, 2006. The Board found that the evidence does not support a higher rating prior to April 3, 2013 and grants a 40 percent rating effective from April 3, 2013. With consideration of service-connected low back strain only, the Veteran is not considered unemployable.
The deciding factor: The VA examinations conducted in September 2007, October 2009, and April 2012 showed that the Veteran's forward flexion was limited to 30 degrees from April 3, 2013 onwards. The Board found this evidence sufficient to grant a 40 percent rating under Diagnostic Code 5237.
- Claimed conditions
- Low back strain, Congenital anomalies of L4 and L5 vertebrae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 9, 2013
- Citation
- 1328627
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 1328627.
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 Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Board has granted service connection for low back strain, left shoulder, and supraventricular tachycardia (SVT) based on evidence showing a causal relationship to in-service events or injuries.
- Dismissed
The appeal is dismissed because the March 2020 rating decision, which granted service connection for a low back strain, was never issued and therefore not an appealable decision.
- Denied
The Veteran's initial rating for his service-connected low back strain was denied, as the current severity of his condition does not meet the criteria for a higher rating.
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