The Veteran's service-connected back condition, characterized by limited forward flexion of the thoracolumbar spine to 50 degrees and a combined range-of-motion of 125 degrees, warrants a disability rating of 40 percent but not higher.
The deciding factor: The Veteran experiences additional functional loss due to pain and flare-ups, which results in an actual limitation of motion that does not fully align with the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula).
- Claimed conditions
- chronic lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2015
- Citation
- 1553110
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 1553110.
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.
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The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.
- Granted
The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.
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