The Veteran's claim for an effective date earlier than October 14, 2009 was denied. The Board granted a 40 percent disability rating for service-connected low back condition beginning June 17, 2013.
The deciding factor: The evidence showed that the Veteran’s low back condition more closely approximated limitation of forward flexion to 30 degrees but otherwise did not exhibit any form of ankylosis from June 17, 2013 onwards.
- Claimed conditions
- Degenerative disc disease, lumbar spine, status post laminectomy and diskectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 6, 2020
- Citation
- 20071951
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
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