The Veteran's spine disability, which includes a compression fracture and spondylolysis at L2-3, has been rated as 40 percent disabling since January 23, 2012. The rating is in excess of what the Veteran was originally granted prior to that date.
The deciding factor: The VA examination conducted on January 2017 showed forward flexion limited to 80 degrees and extension limited to 20 degrees, which does not meet the criteria for a higher rating under the General Formula. The examiner noted no ankylosis of the spine.
- Claimed conditions
- compression fracture, L2-3, spondylolysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 3, 2017
- Citation
- 1731297
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 1731297.
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 spondylolysis was granted a 40 percent rating from November 25, 2013 to October 26, 2023. The condition resulted in forward flexion of the thoracolumbar spine being limited to 20 degrees during use over time.
- Dismissed
The Veteran's attorney has withdrawn the appeal, and thus the claims for increased ratings are dismissed.
- Remanded (sent back)
The Board remands the claim for a VA examination and additional evidence development to determine if there is a nexus between any lower back disability and the Veteran's active service.
- Denied
Service connection for sleep apnea was denied because the evidence did not show a relationship to service. An initial rating in excess of 10 percent for spondylolysis was also denied.
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