The VA determined that the veteran's low back disability, which is currently rated at 40 percent disabling, does not warrant an increased rating. The evidence did not show any significant neurological impairment or incapacitating episodes requiring bedrest prescribed by a physician.
The deciding factor: The VA found no new and material evidence to support a higher evaluation for the veteran's service-connected low back disability.
- Claimed conditions
- lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2006
- Citation
- 0602697
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.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher rating for his lumbar spine and bilateral lower extremity sciatic radiculopathy disabilities, as well as the TDIU claim, to schedule appropriate VA examinations.
- Granted
The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.
- Denied
The VA determined that the veteran's low back disorder was not incurred in or aggravated by his active military service and is not related to his service-connected knee disabilities.
- Dismissed
The veteran has withdrawn his appeals for a higher rating on the lumbosacral spine disability and service connection for a cervical spine disability, to include on a secondary basis. As such, these issues are dismissed.
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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.