The Veteran's lumbar spine disability is rated at 40% since November 10, 2016. The Board found that the evidence does not support a higher rating based on limitation of motion or incapacitating episodes. A TDIU determination was granted.
The deciding factor: The Veteran’s service-connected lumbar spine disability meets the schedular criteria for a 40% rating under the General Rating Formula, and there is no basis to assign a higher rating based on additional functional loss due to pain or other factors listed in § 4.40/4.45.
- Claimed conditions
- lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 12, 2020
- Citation
- 20072831
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 Board denied the veteran's claims for increased ratings for various conditions, including impotence, headaches, cervical spine degenerative joint disease, and peripheral neuropathy of both upper and lower extremities.
- Partly granted
The Board granted a 40 percent disability rating for the lumbar spine disability from January 23, 2015, and denied a higher rating since September 1, 2018.
- Remanded (sent back)
The Board remands the claims for an initial rating higher than 20 percent for lumbar spine degenerative joint disease and a TDIU from December 4, 2021 to February 7, 2024 due to a pre-decisional duty to assist error.
- Partly granted
The Veteran's request for a higher rating than 20% for lumbar spine degenerative joint disease was denied. The claim for total disability based on individual unemployability (TDIU) was dismissed.
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