The Veteran's lumbar spine disability has been rated at 10 percent since March 6, 2012. The Board found that the evidence does not support a higher rating as it did not show forward flexion of the thoracolumbar spine to 30 degrees or less, unfavorable ankylosis of the entire thoracolumbar spine, or combined range of motion of the thoracolumbar spine not greater than 120 degrees. The cervical spine disability was also rated at 10 percent.
The deciding factor: The evidence did not show findings more nearly approximating the next higher rating criteria under the General Rating Formula for Diseases and Injuries of the Spine, including unfavorable ankylosis or incapacitating episodes with a total duration of at least two weeks but less than four weeks during any twelve-month period.
- Claimed conditions
- lumbar facet syndrome, degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 5, 2023
- Citation
- 23020938
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 23020938.
What this means for you
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What you can do next
Related decisions
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- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination, and the Veteran's low back condition may be related to service or his service-connected chronic lymphocytic leukemia.
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