The Veteran's service-connected low back disability is rated at 20 percent prior to March 16, 2011 and at 40 percent thereafter.
The deciding factor: The VA examinations showed that the Veteran had forward flexion of her thoracolumbar spine greater than 30 degrees but not greater than 70 degrees, which meets the criteria for a 40 percent rating under the general formula for rating diseases and injuries of the spine.
- Claimed conditions
- Low back pain, Lumbar radiculopathy of the right lower extremity, Lumbar radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 22, 2015
- Citation
- 1540899
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 1540899.
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 found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Granted
The Board has determined that the Veteran's back condition is related to his service-connected left knee replacement residuals and grants service connection for this secondary condition.
- Denied
The Board has denied the appellant's claims for service connection for treatment purposes only under 38 USC Chapter 17 for a disability of the spine and migraine headaches, as there is no evidence to support a nexus between these conditions and his military service.
- Remanded (sent back)
The Board has remanded the claim for service connection of low back pain due to a motor vehicle accident during service. The Veteran's lay statements and a buddy statement support his assertion that his back pain began after the 1982 motor vehicle accident. However, both VA examiners provided opinions that were inadequate as they did not consider these statements.
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