The Veteran's claim for a higher evaluation for his lumbosacral strain and degenerative arthritis of the lumbar spine is granted, with a rating of 40 percent effective February 5, 2007. A higher rating in excess of 40 percent from October 31, 2019 is denied.
The deciding factor: The Veteran's disability did not meet criteria for an increased rating as his range of motion was limited to 30 degrees and he had no evidence of unfavorable ankylosis or incapacitating episodes lasting at least six weeks in the past year.
- Claimed conditions
- lumbosacral strain, degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 16, 2020
- Citation
- 20073218
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 service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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