The Veteran's low back disability was characterized by flexion limited to 45 degrees, including consideration of pain on motion. There is no evidence of unfavorable ankylosis of the thoracolumbar spine or unfavorable ankylosis of the entire spine. The Board denied a rating in excess of 20 percent from June 1, 2010 to June 12, 2015 and a rating in excess of 40 percent since.
The deciding factor: The Veteran's flexion limitation did not meet criteria for ankylosis or incapacitating episodes as defined by VA regulations.
- Claimed conditions
- Degenerative arthritis, Degenerative disc disease with disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 14, 2015
- Citation
- 1543978
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 1543978.
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.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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