The Veteran's lumbar disability was granted a 40 percent evaluation prior to September 19, 2016 based on forward flexion of the thoracolumbar spine being 30 degrees or less.
The deciding factor: The VA examiner found that the Veteran’s range of motion during repetitive use testing and during flare-ups was consistent with previous examinations showing forward flexion at 25 degrees, which is below the threshold for a higher evaluation.
- Claimed conditions
- lumbar strain with degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 11, 2022
- Citation
- 22045818
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 22045818.
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 Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on housebound status as he does not have a single disability rated at 100% and additional disabilities independently ratable at 60%, nor is he permanently housebound by reason of his service-connected disabilities.
- Partly granted
The Board granted restoration of a 70 percent rating for PTSD with alcohol use disorder and a 10 percent rating for left lower extremity radiculopathy (femoral nerve), while denying the other claims.
- Remanded (sent back)
The Board has remanded the claims for lumbar strain with degenerative arthritis of the spine and episcleritis due to a pre-decisional duty to assist error. The Veteran is to be presumed credible for the limited purpose of this examination.
- Dismissed
The Veteran's appeal for increased ratings for lumbar strain with degenerative arthritis of the spine is dismissed.,The earlier effective date claim for service connection for a residual painful scar, status post appendectomy, is denied.
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