The Veteran's claim for an increased rating of 20 percent for service-connected low back strain with narrowing of the L5-S1 disc space prior to January 14, 2016 is granted. The issue of a greater than 20 percent rating after that date is remanded.
The deciding factor: The Veteran's pain and corresponding functional loss during flare-ups approximated limitation of flexion between 30 and 60 degrees prior to January 14, 2016.
- Claimed conditions
- Low Back Strain, Narrowing of L5-S1 Disc Space
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 22, 2021
- Citation
- 21075980
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 21075980.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including erectile dysfunction, PTSD, depression, frequent urination, intermetatarsal neuroma right foot, left knee condition, right knee condition, low back strain, shoulder strain, and tinnitus, due to a failure to provide necessary examinations.
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