The Veteran's lumbar spine disability is rated at 40 percent, but the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.
The deciding factor: The Veteran’s forward flexion was limited to 40 degrees and her range of motion did not meet criteria for favorable or unfavorable ankylosis, preventing a higher rating.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine, Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 24, 2020
- Citation
- 20042846
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 20042846.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
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