The Board found that the veteran's low back disability, which was initially granted in February 2003 with a 20 percent rating, did not meet the criteria for an initial higher rating since September 26, 2003. The disability has been manifested by complaints of pain and radiculopathy but without incapacitating episodes requiring prescribed bed rest or separately ratable neurological manifestations.
The deciding factor: The veteran's low back disability was found to not meet the criteria for an initial higher rating as it did not include incapacitating episodes requiring prescribed bed rest or separately ratable neurological manifestations since September 26, 2003.
- Claimed conditions
- degenerative disc disease of the lumbar spine at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 19, 2005
- Citation
- 0534098
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 0534098.
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 a rating in excess of 20 percent for the Veteran's lumbar spine disability, finding that his range of motion testing showed thoracolumbar forward flexion functionally greater than 30 degrees but not greater than 60 degrees.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU have been remanded due to incomplete development.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain additional medical records, determine the impact of his service-connected disabilities on his employability, and consider whether referral for extra-schedular consideration is warranted.
- Denied
The Veteran's degenerative disc disease of the lumbar spine at L5-S1 is currently rated as 20 percent disabling, and his claim for an increased rating has been denied.
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