The Board denied a rating higher than 10 percent for the veteran's lumbar myositis, finding that the evidence did not meet the criteria for such a rating under either the old or new VA rating criteria.
The deciding factor: The veteran's lumbar myositis was rated as 10 percent disabling since its effective date of service connection. The Board found no evidence meeting the criteria for a higher rating based on limitation of motion, muscle spasms, or other factors under either the old or new VA rating criteria.
- Claimed conditions
- lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 25, 2006
- Citation
- 0602084
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.
- Granted
The Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to deficiencies in a previous VA examination and remand directives. The issues include increased ratings for lumbar myositis, radiculopathy of the left lower extremity, and right lower extremity associated with lumbar myositis; discogenic disease, lumbar spine, as well as TDIU and service connection for an acquired psychiatric disability.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Denied
The Board denied a disability rating in excess of 40 percent for lumbar myositis with degenerative joint disease, as the evidence did not show unfavorable ankylosis or incapacitating episodes.
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