The Veteran's low back disability was rated at 20 percent prior to August 31, 2006. From that date forward, the maximum schedular rating of 40 percent for severe limitation of motion of the thoracolumbar spine has been granted.
The deciding factor: The VA examination reports and opinions provided sufficient information to rate the service-connected disabilities on appeal, including the Veteran's complaints of pain on motion and functional loss. The most recent disability rating is based on the current schedular criteria effective September 26, 2003.
- Claimed conditions
- Disc herniation at L4-L5, Disc bulge at L5-S1, Facet degenerative joint disease (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 8, 2017
- Citation
- 1707131
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 1707131.
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 Veteran's back disability was manifested by painful motion and stiffness with thoracolumbar spine forward flexion of at worst 60 degrees, intermittent muscle spasms without abnormal gait or ankylosis. The VA examination findings did not meet the criteria for a higher rating.
- Denied
The Veteran's claim for increased ratings for low back disability was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.
- Granted
The veteran's claims for increased ratings and TDIU were granted, with a rating of 60% assigned for his right knee disability (status post total right knee replacement).
- 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.
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