The Board denied the veteran's claim for an evaluation in excess of 40 percent for recurrent myositis of the lumbar paravertebral musculature with degenerative disc disease (DDD), finding that the evidence did not meet the criteria for a higher rating.
The deciding factor: The medical evidence showed that the veteran's disability was manifested by severe recurring attacks of intervertebral disc syndrome, moderate limitation of motion as the result of pain, and neurological manifestations affecting the left leg. The current level of disability did not warrant an evaluation in excess of 40 percent under applicable rating criteria.
- Claimed conditions
- recurrent myositis of the lumbar paravertebral musculature, degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2006
- Citation
- 0603495
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 appeal for service connection for degenerative disc disease (DDD) was dismissed by the Veteran in written correspondence.
- Partly granted
The Board denied a rating in excess of 40 percent for lumbosacral strain and granted an effective date of November 5, 2007, but no earlier, for TDIU.
- Granted
The Board granted service connection for right shoulder, thoracolumbar spine, and ankle disabilities based on their relationship to the Veteran's active service.
- Dismissed
The appeal for service connection for degenerative disc disease was dismissed as the Veteran withdrew the issue in January 2025.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.