The Veteran's low back disability is granted a 40% rating from December 13, 2021 to September 28, 2022. A higher rating for the entire appeal period is denied. The right knee disability and limitation of flexion are also denied.
The deciding factor: The VA examiner found that forward flexion in the Veteran's lumbar spine was reduced to 10 degrees during a flare-up or after repetitive use, which approximates the criteria for a 40% rating under the Spinal Formula. The right knee disability and limitation of flexion do not meet the criteria for higher ratings.
- Claimed conditions
- Thoracolumbar strain with bilateral L5 spondylosis and grade 1 L5 on S1 anterolisthesis (low back disability), Right knee medial meniscus tear, status post partial right knee medical meniscectomy, Healed right ankle fracture with restricted range of motion (right ankle disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 1, 2023
- Citation
- 23006287
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 23006287.
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
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- Denied
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- Granted
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