The Veteran's low back disability was rated at 10 percent prior to May 11, 2012. A higher rating of 20 percent is granted as of May 11, 2012.,For the period from June 1, 2019 to September 19, 2019, a disability rating in excess of 40 percent was denied due to lack of incapacitating episodes. Since September 19, 2019, a higher rating has not been granted as flexion did not reach 30 degrees or less.,The Veteran's low back disability remains rated at 20 percent since September 19, 2019.
The deciding factor: The evidence does not consistently show the required criteria for higher ratings in each period of time. The Veteran’s flexion did not reach 30 degrees or less and there was no prescribed bed rest as defined by incapacitating episodes.
- Claimed conditions
- Low back disability (including lumbar scoliosis and intervertebral disc syndrome (IVDS))
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2021
- Citation
- 21002271
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 21002271.
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