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
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.
- Partly granted
The Board denied service connection for bilateral hearing loss and an initial compensable rating for pseudofolliculitis barbae, while remanding the claims for a lumbar disorder, right lower extremity radiculopathy, left knee disorder, and right knee disorder.
- Remanded (sent back)
The Board remands the claim for a lumbar disorder to provide the Veteran with an appropriate examination to determine its etiology.
- Partly granted
The Board granted an initial rating of 40 percent for a lumbar disorder and an effective date of April 11, 2018, for the grant of service connection for right lower extremity radiculopathy (sciatic nerve), while denying other claims.
- Remanded (sent back)
The Board remands the claim for a lumbar disorder to obtain an addendum opinion that adequately considers all relevant evidence, including lay statements and medical records.
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