The Board granted an initial increased disability evaluation rating of 40 percent for the service-connected lumbosacral strain, lumbar muscle spasm prior to January 16, 2020, and denied a higher rating from that date. The appeal was also remanded for further consideration regarding dizziness and vertigo.

The deciding factor: The Veteran's reported pain and corresponding functional impairment of his service-connected lumbosacral strain; lumbar muscle spasm disability most manifested to disability resulting in limitation of forward flexion to 30 degrees from the initial award of service connection, warranting a 40 percent rating. However, there was no evidence of unfavorable ankylosis of the entire thoracolumbar spine at any time during the period on appeal for the service-connected lumbar strain, lumbosacral muscle spasm.

Claimed conditions

lumbosacral strain, dizziness and vertigo

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

November 13, 2025

Citation

25013951

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