The Veteran's back disability was rated at 10 percent prior to September 11, 2020 and denied for higher ratings. The rating remained at 10 percent from September 11, 2020 to November 5, 2021 and again denied for higher ratings. For the period from November 5, 2021 to April 27, 2022, a disability rating of 10 percent was granted.
The deciding factor: The VA examiner found that the Veteran's back disability did not meet or approximate the criteria for a higher rating under Diagnostic Codes 5235-5243 due to her forward flexion being at least 30 degrees and without any evidence of localized tenderness, muscle spasm, muscle atrophy, guarding of movement, or IVDS.
- Claimed conditions
- lumbosacral strain, degenerative joint disease, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 5, 2022
- Citation
- 22044587
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 22044587.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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