The Veteran's lumbar spine disability has been rated at 20 percent since August 2005. The Board finds that a higher rating of 40 percent is warranted for the entire period on appeal due to limited range of motion and pain.
The deciding factor: The Veteran's reported limitations during flare-ups, as well as his private physician's findings, reflect more significant limitation of motion than what was recorded in the April 2013 VA examination. The results from the April 2015 disability benefits questionnaire most accurately reflect the Veteran's range of motion for the entire period on appeal.
- Claimed conditions
- Degenerative disc disease L3-L4 with osteophytosis, Degenerative disc disease L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 27, 2018
- Citation
- 1818334
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 1818334.
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 due to the need for additional treatment records and VA examinations.
- Denied
The Board denied service connection for degenerative disc disease L4-L5, with spinal stenosis as it did not have its onset in service and is not related to the Veteran's service-connected post-operative pilonidal cyst. The other claims were also denied.
- Remanded (sent back)
The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the schedular requirements for a TDIU. However, due to his employment history and education level, he may be unemployable as a result of his lumbar spine disability on an extraschedular basis.
- Granted
The Board has granted a 40 percent rating for the Veteran's service-connected degenerative disc disease L4-L5 with chronic low back pain, effective as of the date of decision. The claim for service connection for a cervical spine disorder is also granted and a separate compensable rating is assigned for neurologic impairment of the right lower extremity associated with this condition. A TDIU claim is also granted.
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