The Veteran's claim for a rating in excess of 40 percent for his lower back disability, to include a rating in excess of 20 percent prior to May 8, 2019, was denied. The Board found that the evidence did not show functional limitation consistent with a higher 40 percent evaluation or unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's range of motion testing showed flexion to 30 degrees after repetitive use, which is sufficient for a 40% rating. The Board found no evidence of unfavorable ankylosis or higher ratings based on IVDS criteria.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 25, 2019
- Citation
- 19181208
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
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