The Veteran's back disability was rated at 20 percent prior to January 6, 2011. Effective January 6, 2011, the rating for his back disability increased to 40 percent.
The deciding factor: Prior to January 6, 2011, the Veteran's low back disability did not meet the criteria for a higher rating as it was not productive of flexion of 30 degrees or less; unfavorable or favorable ankylosis; or incapacitating episodes. Effective January 6, 2011, the disability met the criteria for a 40 percent rating.
- Claimed conditions
- Degenerative Joint Disease (Back)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 16, 2014
- Citation
- 1455421
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 1455421.
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.
- Denied
The Veteran's sinusitis is rated at 30 percent, but no higher. The Veteran's degenerative joint disease of the lumbar spine from May 18, 2014, to April 26, 2016, is not rated higher than 40 percent.
- Granted
The Veteran's back disability is rated at 20 percent effective from August 16, 2018. Prior to this date, the disability was rated at 10 percent.
- Remanded (sent back)
The Board has decided to remand four issues related to the Veteran's service-connected disabilities, including back disability, right shoulder degenerative joint disease, hypertension, and a higher combined disability rating. The remand requires obtaining updated medical records, scheduling VA examinations for the right shoulder and back, and determining the current severity of the Veteran's hypertension.
- 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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