The Veteran's lumbosacral spine disability was granted an increased rating to 40 percent, effective April 23, 2009. The issue of entitlement to TDIU remains pending.
The deciding factor: The VA examiner found that the Veteran’s forward flexion of the thoracolumbar spine was not less than 30 degrees and did not result in abnormal gait or spinal contour due to pain, guarding, or localized tenderness. The Veteran's disability picture more nearly approximates a 40 percent evaluation.
- Claimed conditions
- Chronic lumbosacral strain, Degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2019
- Citation
- 19104918
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance, effective December 8, 2025.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
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