The Veteran's lumbar disability has been granted a rating of 40 percent prior to July 13, 2021. For the entire appeal period, he is denied a rating in excess of 40 percent.
The deciding factor: The VA examiner found that the Veteran's forward flexion was limited to 40 degrees and extension to 10 degrees, which does not meet the criteria for an increased rating as it has not reached 30 degrees or less.
- Claimed conditions
- Degenerative Disc Disease, Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2021
- Citation
- 21074105
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 21074105.
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.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Denied
The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Remanded (sent back)
The Veteran's back disorder is remanded for further examination and opinion to determine its etiology, including consideration of his in-service injury and treatment.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
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