The Veteran's lumbar spine degenerative disc and joint disease is rated at 40 percent since July 23, 2009. The appeal for a higher rating remains pending.
The deciding factor: The evidence shows that the Veteran has forward flexion of the thoracolumbar spine limited to 30 degrees or less from July 23, 2009, meeting the criteria for a 40 percent rating under DC 5243-5242.
- Claimed conditions
- lumbar spine degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 7, 2023
- Citation
- 23049479
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 23049479.
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.
- Denied
The Veteran's claim for an increased rating for his lumbar spine degenerative disc and joint disease from July 23, 2009 was denied as the disability did not meet the criteria for a higher rating due to unfavorable ankylosis of the entire thoracolumbar spine.
- Denied
The Board has determined that the Veteran's lumbar spine degenerative disc and joint disease does not warrant a rating higher than 20 percent, as his forward flexion of the thoracolumbar spine exceeds 30 degrees.
- Remanded (sent back)
The Veteran's erectile dysfunction is being remanded for a VA examination to determine if it is caused or aggravated by his service-connected lumbar spine degenerative disc and joint disease and/or lentigo malignant melanoma.
- Remanded (sent back)
The Board has remanded the case for additional examinations to assess the severity of the Veteran's lumbar spine disability, as previous VA examinations did not comply with the requirements set forth in Correia and Sharp.
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