The Veteran's chronic lumbar strain is now rated at 40 percent effective November 30, 2017. Radiculopathy of the left lower extremity remains rated at 10 percent and radiculopathy of the right lower extremity is rated at 10 percent as of December 16, 2019.
The deciding factor: The Veteran's lumbar strain was found to have forward flexion limited to 30 degrees or less effective November 30, 2017, meeting the criteria for a 40% rating under DC 5237.
- Claimed conditions
- Chronic Lumbar Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2020
- Citation
- 20081115
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 claim for entitlement to a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities have not rendered him unable to obtain or perform substantially gainful employment.
- Denied
The Veteran's claim for increased disability ratings for chronic lumbar strain prior to December 10, 2019 and since that date was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
- Granted
The Veteran's claim for a higher rating for chronic lumbar strain was denied, but he was granted entitlement to a total disability rating based on individual unemployability (TDIU). The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis, or IVDS with incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months.
- Remanded (sent back)
The Board has remanded the Veteran's claim for an increased disability rating for chronic lumbar strain due to inadequate examination reports and failure to address flare-ups during the appeal period.
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