The Veteran's claim for a higher rating of 40 percent for degenerative arthritis of the lumbosacral spine from June 1, 2017 is granted. Prior to that date, his disability picture did not meet the criteria for a 40 percent rating.
The deciding factor: The VA examinations showed forward flexion of the thoracolumbar spine at or below 35 degrees, which meets the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 11, 2020
- Citation
- 20032696
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 20032696.
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 two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the October 2019 VA examination reports.,The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the October 2019 VA examination reports.,The Veteran's claims for increased ratings and service connection are being remanded due to the inadequacy of the September 2019 VA medical opinions.,The Veteran's claim for service connection for a psychiatric disorder is being remanded based on new military personnel records showing his deployment to Panama and Honduras.,The Veteran's claims for service connection are being remanded due to inadequate VA examination reports related to ankle disabilities.,The Veteran's claims for service connection are being remanded due to inadequate VA examination reports related to ankle disabilities.,The Veteran's claim for service connection is being remanded due to inadequate VA examination report.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative arthritis of the lumbosacral spine, but denied higher ratings for left and right lower extremity radiculopathy.
- Dismissed
The veteran withdrew his appeal for service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.
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