The Veteran's claim for a higher rating for his lumbar spine compression fracture was denied, as the disability did not meet the criteria for a rating higher than 40 percent from January 19, 2021.
The deciding factor: The VA examiner found that the Veteran’s low back disability affected his ability to work and that he had pain with lifting or carrying more than fifteen pounds, bending or twisting, and prolonged standing. The examiner also noted that episodes of increased back pain were not considered flare-ups due to lack of evidence of tissue pathology changes.
- Claimed conditions
- lumbar spine compression fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 24, 2022
- Citation
- 22054480
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 22054480.
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.
- Dismissed
The Veteran's appeal for service connection for PTSD, TBI, tension headaches, a lumbar spine compression fracture, a right elbow fracture, scars of the right forearm, neuropathy of the right upper extremity, a right wrist fracture, and tinnitus previously found to be service connected for treatment purposes only is dismissed. Service connection for a right knee disability is granted.
- Remanded (sent back)
The Veteran's initial increased rating claim for his service-connected back disability is denied. The case has been remanded to obtain further information regarding the Veteran's employment status and circumstances prior to August 1, 2018.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased evaluation and TDIU due to insufficient evidence in the record regarding his lumbar spine disability prior to March 1, 2011. The Veteran is seeking higher ratings for his service-connected lumbar spine compression fracture.
- Remanded (sent back)
The Board has remanded the case due to new evidence and a need for further development.
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