The Veteran's claim for a higher rating of his lumbosacral strain with posttraumatic arthritis was granted, effective from July 26, 2007 to October 4, 2012. The rating is set at 40 percent.
The deciding factor: The evidence showed that the Veteran's low back symptoms more nearly approximated forward flexion of the thoracolumbar spine to 30 degrees, but there was no evidence of unfavorable ankylosis, any neurologic disability manifestations, or incapacitating episodes of intervertebral disc syndrome requiring prescribed bed rest.
- Claimed conditions
- Lumbosacral strain, L4-S1 degenerative disc disease, L4-5 and L5-S1 small central disc herniation, L5-S1 degenerative foraminal stenosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 24, 2019
- Citation
- 19149028
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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