The Veteran's lumbar spine disability was granted an initial 40 percent rating prior to August 12, 2020, but a higher rating is denied. The effective date for the increased rating remains at August 12, 2020.
The deciding factor: The evidence of record supports a 40 percent rating based on forward flexion limitations, but does not support a higher rating or an earlier effective date for the increased rating.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 23, 2024
- Citation
- A24068129
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial 40 percent rating for incomplete paralysis of the left sciatic nerve and denied a higher rating, while remanding service connection for radiculopathy of the right lower extremity.
- Denied
The Board determined that the severance of service connection for PTSD, right knee patellofemoral pain syndrome, radiculopathy, left lower extremity, degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS), and tinnitus was proper due to clear and unmistakable error in the initial award.
- Denied
The Board denied the claims for restoration of higher ratings and service connection for hypertension, finding that the evidence did not support an improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Partly granted
The Board granted service connection for PTSD and an initial 40 percent rating for degenerative arthritis of the lumbar spine with IVDS, while denying service connection for a left shoulder disability and other conditions.
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