The veteran's low back disability, characterized as lumbar strain, has been rated at 20 percent since July 5, 1995. The most recent VA examination in November 2002 showed a range of motion of the lumbar spine with some limitation due to pain and no significant neurological deficits. However, the veteran's disability does not meet or approximate criteria for an evaluation higher than 40 percent.
The deciding factor: The veteran's low back disability has been rated at 20 percent since July 5, 1995, based on his service-connected lumbar strain. The most recent VA examination showed a range of motion with some limitation due to pain and no significant neurological deficits. Therefore, the current rating is appropriate as it does not meet or approximate criteria for an evaluation higher than 40 percent.
- Claimed conditions
- Degenerative Disc Disease, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2004
- Citation
- 0405285
Veterans Law Judge
Decisions by this judge: 464 · Granted: 21% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0405285.
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