The Veteran's back disability is granted a rating of 40 percent, but no higher, prior to October 30, 2016. A rating in excess of 40 percent since October 30, 2016, is denied.
The deciding factor: The VA examination findings showed limited range of motion with pain and muscle spasms during flareups, which approximated the criteria for a 40 percent disability rating under DC 5237.
- Claimed conditions
- thoracolumbar strain (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 20, 2021
- Citation
- 21031169
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 21031169.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete testing and lack of specific opinions regarding functional loss, flare-ups, ankylosis, and radiculopathy.
- Dismissed
The Board has dismissed the issues of initial ratings higher than 10 percent for right and left ankle strains prior to December 20, 2019. The issue of a higher rating for thoracolumbar strain (back disability) prior to December 20, 2019 is remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for his thoracolumbar strain, right ankle strain, and left ankle strain prior to December 20, 2019 due to inadequate previous examinations.
- Granted
The Veteran's claim for an effective date prior to April 28, 2017 for the grant of a 20 percent evaluation for thoracolumbar strain (back disability) is granted. The effective date is set at August 17, 2016.
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