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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 21031169.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.