The VA has denied the veteran's claim for an increased rating for his low back disability, currently rated at 40 percent. The evidence does not support a higher evaluation.
The deciding factor: The evidence did not show any additional impairment warranting a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2006
- Citation
- 0602590
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 found that the criteria for a rating in excess of 10 percent have not been met prior to June 7, 2006, and that a disability rating in excess of 40 percent from June 7, 2006, is also not warranted.
- Remanded (sent back)
The Board remanded the case for an addendum opinion to clarify whether any neurological manifestations in either lower extremity, including radiculopathy and a right foot drop, are due to service-connected degenerative disc disease.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.