The Veteran's back disability, including lumbosacral strain, degenerative arthritis, and IVDS, has been rated at 40 percent since July 23, 2009 to December 13, 2012, and from February 1, 2013 forward. The Board found that the disability did not meet criteria for a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.
The deciding factor: The Veteran's back disability has consistently resulted in forward flexion of the thoracolumbar spine at 30 degrees or less, without evidence of unfavorable ankylosis. There were no incapacitating episodes of IVDS during the appeal period.
- Claimed conditions
- lumbosacral strain, degenerative arthritis, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2021
- Citation
- 21000765
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 21000765.
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- Dismissed
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