The Veteran's lumbar strain, with sacroiliitis and degenerative disc disease, status post laminectomy, was rated at 40% from November 22, 2010 to December 2, 2012, and denied for a higher rating. From February 1, 2013, the Veteran's condition remained rated at 40%. The highest available rating under the General Rating Formula for Diseases and Injuries of the Spine was granted.
The deciding factor: The Veteran’s lumbar spine disability resulted in forward flexion limited to 30 degrees, which is within the criteria for a 40% rating. A higher rating requires unfavorable ankylosis, which has not been demonstrated.
- Claimed conditions
- lumbar strain, sacroiliitis, lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2020
- Citation
- 20069895
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Partly granted
The Board granted service connection for bilateral pes planus, lumbar strain, and left knee strain. The initial rating period from March 5, 2024, was denied for allergic rhinitis.
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