The Veteran's initial claim for a higher evaluation for his lumbar spine disability was granted, with the effective date set at the date of receipt of the claim. The current rating of 20 percent is maintained prior to December 11, 2013, and an increased rating to 40 percent is granted from that date.
The deciding factor: The Veteran's lumbar spine disability was found to be productive of forward flexion of the thoracolumbar spine of 61 degrees with painful motion, which does not meet the criteria for a higher evaluation under the General Formula. The next higher rating of 40 percent is assigned as the Veteran has forward flexion limited to 30 degrees or less.
- Claimed conditions
- Degenerative disc and joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2015
- Citation
- 1501776
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 1501776.
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 Board denied the Veteran's motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.
- Granted
The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding his service-connected conditions and the appropriate disability ratings.
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