The Board denied increased evaluations for the veteran's low back disability and dysthymic disorder, with a final rating of 40% for lumbosacral strain with myositis of the lumbar area, narrowing of the disc space, and degenerative disc disease.
The deciding factor: The evidence did not meet the criteria for an increased evaluation based on unfavorable ankylosis of the entire thoracolumbar spine, pronounced intervertebral disc syndrome, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks during the past year.
- Claimed conditions
- lumbosacral strain with myositis of the lumbar area, narrowing of the disc space, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 2, 2006
- Citation
- 0605987
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 a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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.