The Veteran's initial increased rating for a lumbar spine strain prior to August 24, 2010 is granted at 20 percent. From December 6, 2011, to February 20, 2014, the Veteran is rated at 40 percent for his lumbar spine strain. A rating in excess of 40 percent for a lumbar spine strain from February 21, 2014, is denied.
The deciding factor: The evidence shows that prior to August 24, 2010, the Veteran had forward flexion of his thoracolumbar spine greater than 60 degrees but not greater than 85 degrees. From December 6, 2011, to February 20, 2014, he experienced acute signs or symptoms due to Intervertebral Disc Syndrome (IVDS) that resulted in four to six weeks of prescribed bed rest in the prior 12-month period.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 11, 2019
- Citation
- 19102996
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.
- Dismissed
The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Partly granted
The Board granted service connection for right temporomandibular joint disorder (TMJ) and bruxism, lumbar spine strain, and erectile dysfunction and hypogonadism. The appeal was denied for an initial compensable rating for eczema.
- Dismissed
All appeals listed were dismissed due to the Veteran's death.
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