The Veteran's low back disability was rated at 20 percent prior to March 27, 2014 and denied a higher rating.,The Veteran's low back disability was rated at 40 percent from March 27, 2014 through October 7, 2014 and denied a higher rating.
The deciding factor: The extent of thoracolumbar spine motion shown by the Veteran, even with pain symptoms being considered, are consistent with the criteria for a 20 percent disability rating under the Spine Formula. Given the extent of painless thoracolumbar spine flexion shown, and in the absence of any evidence indicating ankylosis of the Veteran’s spine, the criteria for a disability rating higher than 20 percent are not met.
- Claimed conditions
- Chronic lumbar strain with degenerative joint disease, intervertebral disc syndrome, and disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 22, 2020
- Citation
- 20080489
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.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Dismissed
The veteran's appeal for an earlier effective date for service connection back disorder, as due to clear and unmistakable error (CUE), was dismissed because the appeal request was not timely filed.
- Granted
The Board granted service connection for lumbar degenerative arthritis and intervertebral disc syndrome based on the Veteran's continuous symptoms since service.
- Granted
The Board granted an effective date of August 26, 2021, for the award of service connection for lumbosacral strain and bilateral lower extremity radiculopathy with sciatic nerve involvement.
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