The Veteran's lumbar spine herniated disc was rated at 20 percent, but the Board found that his symptoms did not warrant a higher rating as they did not meet the criteria for an increased rating.
The deciding factor: The VA examiner determined that the Veteran’s forward flexion of the thoracolumbar spine was to 60 degrees with pain at 30 degrees and no additional loss in range of motion during repetitive use, which is below the threshold required for a higher rating under the General Formula for Rating Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 12, 2022
- Citation
- 22057330
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 22057330.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's lumbar spine herniated disc, left lower extremity radiculopathy, and left foot drop due to a delay in VA providing timely neurosurgical care.
- Granted
The Board granted service connection for right hip osteoarthritis, left hip osteoarthritis, lumbar spine herniated disc, and bilateral flat feet (pes planus) as secondary to the Veteran's already service-connected bilateral knee and ankle disabilities.
- Partly granted
The Board granted a separate 10 percent rating for the painful scar of the posterior trunk and remanded claims for increased ratings for lumbar spine herniated disc and right lower extremity radiculopathy.
- Remanded (sent back)
The appeal is remanded to the Agency of Original Jurisdiction for additional development, specifically to determine whether VA medical care or lack thereof resulted in additional disability concerning the Veteran's lower back.
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