The Board granted a 40 percent rating for the Veteran's degenerative disc disease with low back strain prior to July 19, 2016. A TDIU was also granted from July 2, 2018.
The deciding factor: The evidence showed that the Veteran had forward flexion of the thoracolumbar spine to at least 30 degrees or less with consideration of pain and other factors during the appeal period prior to July 19, 2016.
- Claimed conditions
- Degenerative disc disease with low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 13, 2024
- Citation
- 24007543
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 24007543.
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 is entitled to a total disability rating based upon individual unemployability due to service-connected disabilities from December 22, 2011.
- Remanded (sent back)
The Veteran's low back strain disability has been rated at 10 percent since December 22, 2011. The Board is remanding the issue of whether a higher rating is warranted prior to July 19, 2016.,Radiculopathy in both lower extremities was initially granted at 10 percent from July 2, 2018 and increased to 20 percent effective July 2, 2018. The Board is remanding the issues of whether a higher rating is warranted prior to July 2, 2018.,Radiculopathy in both lower extremities was initially granted at 10 percent from July 2, 2018 and increased to 20 percent effective July 2, 2018. The Board is remanding the issues of whether a higher rating is warranted prior to July 2, 2018.
- Denied
The Veteran's claim for an initial rating in excess of 20 percent for a back disability, characterized as degenerative disc disease with low back strain, secondary to a left ankle disability status post fracture, is denied. The claim for entitlement to total disability based on individual unemployability (TDIU) is also denied.
- 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.
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