The Veteran's claim for an increased evaluation of his service-connected low back disability was denied, and the Board found that a higher rating is not warranted based on limitation of motion. The effective date for the grant of a 40 percent evaluation for the low back disability remains April 23, 2015.,The Veteran's claim for an earlier effective date for his service-connected low back disability was denied because it was not factually ascertainable that the condition had increased in severity prior to August 22, 2015.

The deciding factor: The evidence did not show ankylosis at any level of the Veteran's spine and the range of motion testing demonstrated forward flexion to 40 degrees, extension to 15 degrees, R lateral flexion to 20 degrees, left lateral flexion to 20 degrees, right rotation to 20 degrees, and left rotation to 20 degrees. The examiner approximated that forward flexion would be limited to 30 degrees which meets the criteria for a 40 percent rating.,The effective date of the grant of a 40 percent evaluation for the low back disability was determined to be August 22, 2015, as it was not factually ascertainable that the condition had increased in severity prior to this date.

Claimed conditions

Low back disability, Right knee condition

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 7, 2019

Citation

19101244