The Veteran's initial claim for a higher rating for his service-connected degenerative arthritis of the lumbar spine was granted. The current rating of 40% is maintained since January 31, 2013.
The deciding factor: The Veteran’s range of motion during the April 2016 VA examination showed forward flexion to 15 degrees, which meets the criteria for a 40% rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 28, 2020
- Citation
- 20007265
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.
- Denied
The Board denied all claims for increased ratings, except for sinusitis which was granted a higher rating.
- Denied
The Board denied increased disability ratings for PTSD, bilateral plantar fasciitis and pes planus, TBI, right shoulder strain, SLAP, degenerative arthritis of the lumbar spine, and radiculopathy of the right lower extremity associated with degenerative arthritis of the lumbar spine.
- Denied
The Board denied service connection for obstructive sleep apnea, right hip disability, and right knee disability as not related to the Veteran's lumbar spine disability or otherwise related to service. The claim to reopen a pinched nerve in the cervical spine with headaches was also denied due to lack of new and material evidence. The denial included initial and increased rating claims for shingles, degenerative arthritis of the lumbar spine, radiculopathy of both lower extremities, and granted an evaluation of 60 percent for shingles from August 12, 2020, as well as a TDIU from May 15, 2014 to August 12, 2020.
- Partly granted
The Veteran's DDD of the cervical spine was granted a 20% rating effective February 28, 2018. The Veteran's degenerative arthritis of the lumbar spine was granted a 20% rating effective November 2, 2017. However, his hearing loss and TDIU claims were not resolved.
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.