The Veteran's service-connected back condition is manifested at worst by 30 degrees of forward flexion with no indication of ankylosis. The evidence also reveals that the Veteran suffers from additional functional loss due to severe pain and flare-ups, warranting a disability rating of 40 percent.
The deciding factor: The Veteran's range-of-motion was limited to 80 degrees in his most recent VA examination, with no indication of ankylosis or flare-ups. The examiner noted significant functional loss during repetitive use but did not provide an opinion regarding conditions during flare-ups.
- Claimed conditions
- Degenerative disc disease at L4-L5 with partial sacralization of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 20, 2016
- Citation
- 1602359
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 1602359.
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.
- Granted
The Veteran's low back disability, characterized by pronounced IVDS prior to September 23, 2002, and limitation of motion with additional functional loss beginning on that date, is rated at 60 percent for the period prior to September 23, 2002. From September 23, 2002, his disability is rated as 40 percent for orthopedic manifestations and separately as 20 percent for neurologic impairment of both lower extremities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
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- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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