The Board found that the veteran's service-connected low back injury residuals do not warrant a disability rating higher than 40 percent, as they are productive of severe limitation of motion without ankylosis and no neurological deficit.
The deciding factor: The VA examinations showed severe limitation of motion but no evidence of ankylosis or neurological deficits that would justify a higher rating.
- Claimed conditions
- low back injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 3, 2006
- Citation
- 0606250
Veterans Law Judge
Decisions by this judge: 952 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0606250.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and new evidence is needed to determine if the Veteran's lumbar spine disability, including low back injury residuals, is related to her service or a service-connected condition.
- Granted
The Veteran's service-connected disabilities (insomnia, low back injury residuals, right upper extremity radiculopathy, cervical spine injury residuals, and tinnitus) meet the criteria for a total rating for compensation purposes based on individual unemployability due to service connected disabilities. The Veteran is also eligible for TDIU benefits.
- Granted
The Board has granted the Veteran's appeals for service connection for posttraumatic stress disorder and low back injury residuals, effective April 25, 2016. The earlier effective dates for these conditions are being remanded.
- Denied
The Veteran's claim for an earlier effective date for the grant of service connection for unspecified depressive disorder was denied. The Board found no evidence indicating that the Veteran filed a claim prior to July 25, 2013, and thus could not assign an earlier effective date. For the TDIU issue, the Board determined that there was at least equipoise evidence showing that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to February 27, 2019.
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