The Veteran's low back disability, characterized by lumbar strain with disc herniation, does not meet the criteria for a higher initial rating beyond the assigned 10 percent due to lack of evidence showing forward flexion greater than 30 degrees but less than 60 degrees or combined range of motion of thoracolumbar spine being greater than 120 degrees.
The deciding factor: The Veteran's symptoms do not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as his forward flexion was limited to at worst 70 degrees with pain beginning at 50 degrees in June 2012. The combined range of motion exceeded 120 degrees.
- Claimed conditions
- lumbar strain with disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 8, 2014
- Citation
- 1444905
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 1444905.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher rating for his lumbar spine disability was denied. Separate ratings for radiculopathy of the right and left lower extremities were upheld.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected lumbar strain disability and its impact on daily life.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the Veteran's service-connected back disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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