The Veteran's claim for a higher rating for his low back disability prior to July 10, 2017 was granted with an effective date of the same day. The claim for a higher rating after that date and for TDIU were both denied.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- L5-S1 spondylolisthesis, anterolisthesis, L4-L5 retrolisthesis, spondylolysis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 22, 2019
- Citation
- 19104818
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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