The Veteran's back disability, which includes degenerative disc disease and post-surgery pain, is rated at 40 percent due to functional impairment. The rating reflects the Veteran's limited range of motion in his thoracolumbar spine.
The deciding factor: The Veteran's back disability results in forward flexion of the thoracolumbar spine being 30 degrees or less, which meets the criteria for a 40% rating under Diagnostic Code 5243.
- Claimed conditions
- Degenerative disc disease lumbar spine, Back pain status post-surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 6, 2021
- Citation
- 21040730
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 21040730.
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.
- Denied
The Board has determined that the Veteran's current back disability did not begin during active service and is not related to any in-service injury or disease. The evidence does not support a finding of service connection for his low back condition.
- Denied
The Veteran's claim for a higher rating for his service-connected back disability was denied as the evidence did not show unfavorable ankylosis or its functional equivalent.
- Dismissed
The claims for increased ratings for degenerative disc disease lumbar spine and PTSD were dismissed due to the Veteran's death during the pendency of the appeal.
- Dismissed
The Board dismissed the claims for service connection for a lumbar spine condition, left knee condition, left ankle condition, and right ankle condition as they were found to be duplicative appeals. The claim for a neck condition was remanded for further development.
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