The Veteran's thoracolumbar spine strain is rated at 10 percent, but the Board has granted a higher rating of 20 percent based on additional evidence showing more limited motion than previously considered.
The deciding factor: The Veteran's symptoms were found to be more nearly approximating forward flexion between 30 and 60 degrees, warranting a 20% rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Thoracolumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 3, 2019
- Citation
- 19125132
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.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
- Granted
The Veteran's right knee status post arthroplasty with history of degenerative joint disease is granted a disability rating of 60 percent, effective October 1, 2013. The other issues related to his thoracolumbar spine strain and right knee conditions have been resolved in his favor.
- Denied
The Veteran's service-connected disabilities were not permanent and total as of September 20, 2016. Therefore, the effective date for her Dependent's Education Assistance (DEA) benefits cannot be earlier than September 20, 2016.
- Denied
The Veteran's thoracolumbar spine strain is rated at 20% prior to October 30, 2016, and at 40% thereafter. The Board denied an increased rating for the condition.
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