The Veteran is granted a 40 percent rating for his lumbar degenerative disc disease since October 30, 2008. The claim of entitlement to an increased rating is granted with the exception of the period from December 9, 2008 to December 31, 2009 when he received a temporary total rating for convalescence.
The deciding factor: The Veteran's lumbar degenerative disc disease has been manifested by forward flexion limited to 25 degrees with pain starting at 0 degrees and extension limited to 5 degrees with pain starting at 0 degrees. These findings, combined with the Veteran's reported functional limitations, support a 40 percent rating for all periods under consideration.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 9, 2015
- Citation
- 1551549
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 1551549.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
- Granted
The Veteran's PTSD is granted as service-connected, and the Board finds that his back disability may be related to service. The case is remanded for a VA examination.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his ability to independently ambulate without aids.
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