The Veteran's initial 40 percent rating for low back disability prior to November 27, 2019 is granted. A higher rating of over 40 percent for the low back disability since that date is denied.
The deciding factor: The VA examinations showed forward flexion of the thoracolumbar spine less than 30 degrees with pain and no ankylosis or incapacitating episodes, meeting the criteria for a 40 percent rating under DC 5243.
- Claimed conditions
- Degenerative disc disease of the lumbar spine (low back disability), Degenerative changes of the cervical spine (cervical spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 5, 2021
- Citation
- 21000629
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21000629.
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.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and persistent mood disorder, granted a 40 percent initial rating for low back disability, and denied initial ratings higher than 10 percent for plantar fasciitis and radiculopathy of the left and right lower extremities involving the sciatic nerve.
- Denied
The Board denied service connection for a low back disability, left and right lower extremity radiculopathy, and left knee arthritis. The issue of entitlement to service connection for left knee osteochondroma was remanded.
- Remanded (sent back)
The Board has determined that the Veteran's claims for higher ratings for his low back disability and right knee disabilities are remanded due to further development being required.
- Granted
The Board has granted service connection for degenerative disc disease of the lumbar spine and bilateral lumbar radiculopathy, finding that these conditions are related to service. Service connection was denied for a bilateral leg condition other than lumbar radiculopathy.
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