An increased disability rating of 40 percent for lumbar disorder is granted effective April 1, 2008.,A higher disability rating in excess of 20 percent prior to April 1, 2008, and a compensable rating thereafter for TBI with cephalgia are denied.
The deciding factor: The Veteran's lumbar disorder was found to have forward flexion of the thoracolumbar spine at no more than 30 degrees as of March 18, 2010, warranting an increased disability rating to 40 percent under the General Rating Formula.
- Claimed conditions
- lumbar disorder, traumatic brain injury with cephalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2019
- Citation
- 19102654
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19102654.
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 granted service connection for bilateral pes planus. The Veteran's lumbar disorder and bilateral lower extremity radiculopathy are now secondary to his service-connected diabetes mellitus, type II. However, the Board finds that he may be entitled to service connection for a lumbar disorder and bilateral lower extremity radiculopathy as due to his bilateral pes planus. The case is remanded for further action.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims and earlier effective dates for various disabilities, including erectile dysfunction, migraines, hip disorders, lower extremity disorders, and tinnitus.
- Remanded (sent back)
The Board has reopened the Veteran's claims for service connection for asthma, a lumbar disorder, a cervical disorder, an acquired psychiatric disorder (anxiety, depression, PTSD), a bilateral foot disorder, and carpal tunnel syndrome (right upper extremity) based on new and material evidence. The cases are now remanded to determine if these conditions were incurred in or aggravated by service.,The Board has reopened the Veteran's claims for service connection for asthma, a lumbar disorder, a cervical disorder, an acquired psychiatric disorder (anxiety, depression, PTSD), and a bilateral foot disorder based on new and material evidence. The cases are now remanded to determine if these conditions were incurred in or aggravated by service.
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