The veteran's low back disability was rated at 60 percent from December 14, 2001 to February 6, 2005 and remains at 60 percent since April 1, 2005.
The deciding factor: The veteran experienced incapacitating episodes of intervertebral disc syndrome with characteristic pain and demonstrable muscle spasm during the past 12 months, warranting a 60 percent evaluation under Diagnostic Code 5243.
- Claimed conditions
- Low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 8, 2006
- Citation
- 0606740
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the criteria for a rating in excess of 10 percent have not been met prior to June 7, 2006, and that a disability rating in excess of 40 percent from June 7, 2006, is also not warranted.
- Remanded (sent back)
The Board remanded the case for an addendum opinion to clarify whether any neurological manifestations in either lower extremity, including radiculopathy and a right foot drop, are due to service-connected degenerative disc disease.
- Denied
The VA has denied the veteran's claim for an increased rating for his low back disability, currently rated at 40 percent. The evidence does not support a higher evaluation.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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