The Veteran's lumbar spine disability is rated at 40 percent, effective from December 6, 2016. The rating reflects the severity of his condition with forward flexion to 85 degrees and no ankylosis.
The deciding factor: The VA examiner found that the Veteran’s lumbar spine disability resulted in forward flexion to 85 degrees, which meets the criteria for a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine (DC 5237).
- Claimed conditions
- lumbar degenerative disc disease (DDD), severe canal stenosis at L2-L5, facet arthropathy, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 25, 2019
- Citation
- 19149603
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 issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right knee strain with tendinitis, and gastroesophageal reflux disease. The TDIU claim was dismissed.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.