The Board found that the veteran's lumbar paravertebral myositis and bilateral L5-S1 radiculopathy do not warrant a rating higher than the current 40 percent disability rating.
The deciding factor: The VA examination reports did not show any findings of intervertebral disc syndrome or incapacitating episodes, which are required for higher ratings under the new version of Diagnostic Code 5293.
- Claimed conditions
- lumbar paravertebral myositis, bilateral L5-S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 5, 2004
- Citation
- 0403331
Veterans Law Judge
Decisions by this judge: 1,242 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0403331.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted an effective date of September 20, 1996 for the assignment of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.
- Whole decision: Granted
The Veteran's service-connected lumbar paravertebral myositis, disc disease, and spine spondylosis rendered him unable to secure or follow a substantially gainful occupation as of March 28, 2018. The Board granted his TDIU claim.
- Whole decision: Denied
The Board denied the Veteran's appeal because his April 2017 substantive appeal was not timely filed, and thus the April 2015 rating decision is final.
- Whole decision: Dismissed
The Veteran's appeals regarding increased ratings for his service-connected low back and left forearm disabilities have been dismissed due to the Veteran withdrawing his appeal in May 2022.
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