The Veteran's lumbar spine disability was granted an increased evaluation to 40 percent effective March 1, 2017. The Board found that the increase in disability level occurred prior to November 30, 2016 and within one year of the claim date.
The deciding factor: The Veteran's lumbar spine disability worsened significantly since the last examination in 2015, with frequent absences from work due to back pain. The Board found that an increase was 'factually ascertainable' prior to November 30, 2016, and within one year of the claim date.
- Claimed conditions
- lumbosacral musculoskeletal strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 13, 2023
- Citation
- 23038920
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 23038920.
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.
- Granted
The Veteran's service-connected lumbosacral musculoskeletal strain with degenerative changes has precluded substantially gainful employment since March 1, 2017.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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