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Denied

The Veteran's low back disability, characterized by painful motion on forward flexion to 70 degrees with a combined range of motion (CROM) of 200 degrees and no tenderness or muscle spasms, has been rated at 10 percent since the initial rating period. The Board found that this rating is appropriate given the Veteran's functional limitations but noted that he did not meet criteria for higher ratings due to additional loss of range of motion during flare-ups or use over time.

The deciding factor: The VA examination report showed that the Veteran’s low back disability manifested at a consistent level throughout the initial rating period, with no evidence of additional loss of range of motion during flare-ups or use over time. The Board found this to be inconsistent with the criteria for higher ratings under the General Formula for Diseases and Injuries of the Spine.

Claimed conditions
lumbar spine degenerative disc (DDD)/degenerative joint disease (DJD) and lumbar spinal stenosis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
January 17, 2019
Citation
19104170

Veterans Law Judge

Eric S. Leboff

Decisions by this judge: 2,500 · Granted: 29% (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 19104170.

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