The Veteran's initial disability rating for his lower back disability was denied prior to January 9, 2015.,A 40 percent disability rating was granted for the Veteran's lower back disability from January 9, 2015 to December 30, 2019. However, a higher rating is not warranted since December 30, 2019.
The deciding factor: The evidence prior to January 9, 2015 did not show the Veteran's disability more nearly approximated forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees or combined ROM of the thoracolumbar spine greater than 120 degrees.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome (lower back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 16, 2020
- Citation
- 20067299
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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