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
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (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 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.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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