The Veteran's back disability is granted a 40 percent rating from August 25, 2011 to December 3, 2013. A higher rating for the right shoulder disability is denied.
The deciding factor: The evidence shows that the Veteran's back disability more nearly approximated forward flexion of the thoracolumbar spine to 30 degrees or less during the appeal period, warranting a 40 percent rating under the Spinal Formula. The right shoulder disability did not meet the criteria for ankylosis and thus no higher rating was granted.
- Claimed conditions
- spondylosis of the lumbar spine, right scapular pain with degenerative joint disease (right shoulder disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 15, 2023
- Citation
- 23009660
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 23009660.
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.
- Partly granted
The Board granted service connection for sciatic radiculopathy of the right lower extremity, effective April 2025.
- Remanded (sent back)
The appeal is remanded to obtain opinions regarding whether the Veteran's left ankle ganglion cyst, spondylosis of the lumbar spine, knee strain, and acromioclavicular joint arthritis are caused or aggravated by his service-connected chronic musculoskeletal pain syndrome.
- Dismissed
The VA proposed reducing the appellant's disability rating for spondylosis of the lumbar spine from 40 percent to noncompensably disabling, but this proposal was not finalized and thus the appeal is dismissed.
- Remanded (sent back)
The Board has remanded the cases due to incomplete development related to the Veteran's lumbar spine surgery and increased rating claims. The AOJ is instructed to obtain missing medical records from the Campbell Clinic, validate the VA Form 21-4142, and then readjudicate both issues.
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