The Veteran's low back disability, which is rated under the General Rating Formula for Diseases and Injuries of the Spine, has been found to meet the criteria for a 20 percent rating based on forward flexion of the thoracolumbar spine greater than 30 degrees but no greater than 60 degrees. The Veteran's symptoms do not warrant a higher rating as they do not result in forward flexion limited to 30 degrees or less, nor do they indicate unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The June 2009 VA examination report showed forward flexion at 60 degrees, which meets the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Low Back Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 18, 2013
- Citation
- 1341875
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 1341875.
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.
- Granted
The Veteran's claim for an effective date of November 22, 2022 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. The effective date is based on continuous pursuit of his increased disability rating claims and the fact that he meets the criteria for TDIU due to service-connected disabilities.
- Granted
The Veteran was granted a TDIU from January 1, 2011 to December 31, 2013 due to service-connected disabilities. The effective date for Dependents' Educational Assistance (DEA) benefits prior to February 1, 2015 is denied as the Veteran does not have a total disability rating during that period.
- Denied
The Veteran's low back syndrome has not met the criteria for a disability rating in excess of 30 percent prior to November 8, 2018 and has not met the criteria for a disability rating in excess of 40 percent since November 8, 2018.
- Partly granted
The Veteran would have been entitled to receive compensation at the 10 percent rate for a low back syndrome from May 17, 1979, but the July 18, 1988, decision denied both an earlier effective date and an increased rating. The Board found no CUE in either decision.
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