The Veteran's lumbar spine disability, which includes fractures and kyphoscoliosis, is rated at 40 percent prior to July 12, 2019. On and after that date, the rating remains at 40 percent.
The deciding factor: The VA examination conducted on November 2016 showed forward flexion of the thoracolumbar spine to 50 degrees with pain noted throughout the range of motion, which meets the criteria for a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar vertebral fractures, thoracolumbar kyphoscoliosis, dextroscoliosis, severe back strain with DDD (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2019
- Citation
- 19189669
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 19189669.
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.
- Granted
The Board granted service connection for the Veteran's lower back condition and left leg radiculopathy, finding that these conditions were incurred in or caused by active military service.
- Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
- Denied
The Board denied the veteran's claims for higher disability ratings for lumbosacral strain, thoracic strain, right posterior lyric lesion SI joint, dextroscoliosis, scarring/atelectasis of left lower lobe, nonspecific mild pulmonary hyperinflation, pleural effusion, residuals of COVID-19, and unspecified anxiety disorder.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's lumbar spine disorder is related to his active duty service.
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