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
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 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
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- 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.