The Veteran's claim for a higher rating for his lumbar spine disability was granted for the period from September 6, 2016 to November 4, 2019. The appeal is denied for any rating in excess of 40 percent.
The deciding factor: The evidence showed that during flare-ups between when the Veteran filed his claim and when he was provided an adequate examination, his forward flexion was limited to 30 degrees, which approximated the criteria for a 40% rating. However, there is no indication of ankylosis or incapacitating episodes due to IVDS.
- Claimed conditions
- Degenerative disc disease (DDD), lumbar spine, Scapular thoracic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 10, 2020
- Citation
- 20046418
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 20046418.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 claims for higher initial ratings for his low back and left foot disabilities are being remanded due to the need for new VA examinations, as well as consideration of recently amended rating criteria.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding informed consent and causation of the Veteran's lumbar spine disability. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.
- Denied
The Board has determined that the Veteran's current diagnoses of degenerative arthrosis, right hand disability, DDD, lumbar spine, and tinnitus did not have their onset in service or within a year of separation. The preponderance of evidence is against finding any direct relationship between these conditions and active military service.
- Remanded (sent back)
The Board has remanded the case for further development regarding service connection for GERD and an earlier effective date for the grant of service connection for degenerative disc disease (DDD) in the lumbar spine.
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