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
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19101244.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Granted
The Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
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