The Board denied the veteran's claims for an increased evaluation for lumbar myositis and for reopening his service connection claims for maxillary sinusitis and chest pain. The evidence did not meet the criteria for a higher rating, and new and material evidence was found in some cases but not sufficient to reopen all claims.
The deciding factor: The veteran's lumbar myositis did not meet the criteria for an increased evaluation beyond 10 percent as per VA disability ratings guidelines. For reopening service connection claims, the submitted evidence was deemed insufficient to provide new and material information in all cases.
- Claimed conditions
- lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2001
- Citation
- 0123006
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 0123006.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Board granted service connection for lumbar myositis, degenerative disc disease, other than intervertebral disc syndrome, and obstructive sleep apnea.
- Granted
The Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Granted
The Veteran's service-connected disabilities, specifically lumbar myositis, right ankle injury residuals, and hemorrhoids, have rendered him unable to work since April 8, 2011. His TDIU is granted effective from that date, as well as his eligibility for Dependents' Educational Assistance (DEA) under 38 USC chapter 35.
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