The Veteran's lumbar spine disability is rated at 40 percent prior to May 1, 2018. The rating will be reconsidered as the case remains in appellate status.
The deciding factor: The July 2014 VA examination showed forward flexion of the thoracolumbar spine to 70 degrees with pain at 45 degrees and no ankylosis or incapacitating episodes, warranting a 40 percent rating under Diagnostic Code 5243.
- Claimed conditions
- diabetes mellitus, bilateral cataracts, osteoporosis involving the lumbar spine with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 13, 2020
- Citation
- 20066225
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 Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for eye conditions, an acquired psychiatric disorder, and obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type II with erectile dysfunction and left eye retinopathy. However, it denied increased ratings for multiple peripheral neuropathies, hypertension, and status post tympanoplasty.
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