The Veteran's lumbar spine disability is rated at 40 percent prior to August 5, 2016. A higher rating is denied for any period on appeal.
The deciding factor: The VA examiner found that the Veteran’s symptoms had worsened over time and granted a 40% rating based on this finding.
- Claimed conditions
- Degenerative disc disease (DDD), low back pain, and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2020
- Citation
- 20074640
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.
- Dismissed
The appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.
- Dismissed
The appeal for service connection for a lumbar spine disability was dismissed due to the untimely filing of the Notice of Disagreement.
- Denied
The Board denied the veteran's claims for an earlier effective date and service connection for sleep apnea, finding no clear and unmistakable error in the prior rating decisions and no evidence linking the sleep apnea to service or a service-connected disability.
- Partly granted
The Veteran's dry eye syndrome is granted service connection due to an in-service injury. Several other claims for service connection are remanded.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.