The Veteran's lumbar spine disability is rated at 40 percent, but no greater, due to limited flexion of the thoracolumbar spine. The maximum schedular rating for this condition has been granted.
The deciding factor: The VA examiner found that the Veteran’s forward flexion was measured to 30 degrees with consideration of functional impairment, which is less than the 40 percent rating criteria under DC 5237.
- Claimed conditions
- Degenerative Arthritis of Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 16, 2019
- Citation
- 19154495
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19154495.
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 has remanded the Veteran's claims for increased ratings for his lumbar spine disability and TDIU due to procedural errors in the duty to assist.
- Denied
The Veteran's claims for increased ratings for his right and left knee replacements, as well as degenerative arthritis of the lumbar spine, were denied. The evidence did not support a higher rating under any applicable diagnostic codes.
- Denied
The Veteran's right thumb and hand conditions were denied initial compensable ratings.,Service connection for degenerative arthritis of the lumbar spine was dismissed as it has been granted in full.
- Dismissed
The Board dismissed the appeals regarding a higher initial disability rating for the service-connected back scar and an earlier effective date for service connection. The reduction from 40% to 20% in the disability rating for degenerative arthritis of the lumbar spine was found proper based on clear and unmistakable error (CUE) in the January 2016 rating decision.
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