The Board denied the veteran's claims for increased ratings for his lumbar strain with disc disease and lumbosacral spondylolisthesis, finding that he did not meet the criteria for a rating in excess of 40 percent prior to October 15, 2001 or a rating in excess of 60 percent.
The deciding factor: The veteran's lumbar disability was rated under Diagnostic Code 5293 (pre-September 23, 2002) and later revised criteria for intervertebral disc syndrome. The Board found that the evidence did not meet the criteria for a higher rating based on incapacitating episodes or combined range of motion.
- Claimed conditions
- lumbar strain with disc disease, lumbosacral spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 14, 2005
- Citation
- 0519130
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 0519130.
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.
- Dismissed
The Board dismissed the Veteran's appeal because it was not timely filed, and no good cause for delay was provided.
- Granted
The Veteran's back disability was rated at 40 percent from October 20, 1981 to October 28, 2011. Effective May 10, 2008, the Veteran is granted a TDIU.
- Remanded (sent back)
The Board remands the claim for service connection for lumbar strain with disc disease to correct a pre-decisional duty to assist error, specifically to obtain workman's compensation records and an adequate medical opinion.
- Denied
The Veteran's lumbosacral spondylolisthesis was evaluated at a 10 percent disability rating, as the evidence did not meet criteria for higher ratings. The Board found that the Veteran's symptoms and range of motion were consistent with a 10 percent rating.
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