The Board denied the Veteran's claim for an effective date earlier than August 11, 2022, for a 40 percent rating increase for his lumbar spine disability. The decision was based on the lack of evidence showing severe symptoms or limitations prior to that date.

The deciding factor: The Veteran did not manifest with forward flexion to 60 degrees or less; a combined range of motion to 120 degrees or less; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis prior to August 11, 2022.

Claimed conditions

lumbosacral strain, degenerative arthritis, intervertebral disc syndrome (IVDS)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

January 22, 2025

Citation

A25005183

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