The Veteran's low back syndrome has not met the criteria for a disability rating in excess of 30 percent prior to November 8, 2018 and has not met the criteria for a disability rating in excess of 40 percent since November 8, 2018.
The deciding factor: The Veteran's flexion of the thoracolumbar spine was at worst 45 degrees, which does not meet the requirement for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Low Back Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2020
- Citation
- 20035749
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 20035749.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an effective date of November 22, 2022 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. The effective date is based on continuous pursuit of his increased disability rating claims and the fact that he meets the criteria for TDIU due to service-connected disabilities.
- Granted
The Veteran was granted a TDIU from January 1, 2011 to December 31, 2013 due to service-connected disabilities. The effective date for Dependents' Educational Assistance (DEA) benefits prior to February 1, 2015 is denied as the Veteran does not have a total disability rating during that period.
- Partly granted
The Veteran would have been entitled to receive compensation at the 10 percent rate for a low back syndrome from May 17, 1979, but the July 18, 1988, decision denied both an earlier effective date and an increased rating. The Board found no CUE in either decision.
- Granted
The Veteran's low back syndrome is rated at 40 percent since April 15, 2010. The Board granted a TDIU based on the combined effect of his service-connected disabilities.
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