The Veteran's service-connected low back disability is rated at 40 percent from April 7, 2015 to June 2, 2017 and at 20 percent thereafter. The decision was granted for staged increased ratings.
The deciding factor: The VA examiner found that the Veteran’s forward flexion of the thoracolumbar spine was limited to 30 degrees from April 7, 2015 to June 2, 2017, warranting a 40 percent rating under the General Formula. From June 2, 2017 onwards, the Veteran's forward flexion improved to 50 degrees, which warranted a 20 percent rating.
- Claimed conditions
- Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 18, 2019
- Citation
- 19130469
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 the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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