The veteran's claim for an increased rating for his low back disability and a permanent and total disability rating for pension purposes prior to September 18, 1998 was denied. The RO found that the schedular criteria for a higher rating were not met.
The deciding factor: The medical findings did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities due to the essentially stable and unchanging clinical findings throughout the pendency of the appeal.
- Claimed conditions
- Degenerative Joint Disease of the Lumbosacral Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 3, 2005
- Citation
- 0506047
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 0506047.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and effective dates are remanded due to procedural errors and need for additional medical opinions.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.
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