The Veteran's lower back strain is currently rated at 40 percent, which is the highest possible rating based on range of motion. The Board finds that there is no evidence to support a higher rating as the disability does not meet the criteria for ankylosis or incapacitating episodes.
The deciding factor: The Veteran’s lower back strain has been evaluated under the General Rating Formula for the Spine, which requires forward flexion greater than 60 degrees but not greater than 85 degrees. The evidence shows that his range of motion is limited to 15 degrees in all directions, with pain and localized tenderness/pain on palpation.
- Claimed conditions
- lower back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2019
- Citation
- 19107374
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 Board denied service connection for chronic fatigue syndrome, benign prostatic hyperplasia, erectile dysfunction, and lower back strain as the evidence did not support a finding that these conditions were incurred in or caused by active service.
- Dismissed
The appeal for an earlier effective date and a compensable rating for chronic cough was denied, while the claims for service connection for lower back strain, spinal fusion surgery, L3-4 foraminotomy, L4-5 discectomy, and gout in the right foot were remanded.
- Partly granted
The appeal for service connection for sleep disorder is dismissed, and the Veteran's claims for service connection for alcohol use disorder, generalized anxiety disorder, somatic symptom disorder, bilateral hearing loss, and lower back strain are denied. The Board granted a 70 percent rating for PTSD.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial rating in excess of 20 percent for lower back strain and a total disability rating based on individual unemployability (TDIU) from June 25, 2015.
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