The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent effective December 6, 2017. The rating was increased from a previous 20 percent prior to this date.
The deciding factor: The evidence shows that the Veteran’s forward flexion of the thoracolumbar spine has been limited to 30 degrees or less since July 13, 2012, meeting the criteria for a 40 percent rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2019
- Citation
- 19105761
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.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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