Throughout the rating period, the veteran's mechanical low back pain has been productive of complaints of pain and tenderness. Objective examination showed some muscle spasm but no severe limitation of motion or other disabling conditions warranting a higher evaluation.
The deciding factor: The objective evidence does not demonstrate severe limitation of lumbar spine motion as required for a 40% rating under Diagnostic Code 5292, even considering additional functional loss due to pain and weakness.
- Claimed conditions
- Mechanical low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 20, 2006
- Citation
- 0608002
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.
- Denied
The Board denied an increased disability rating in excess of 20 percent for the service-connected back disability and an initial disability rating in excess of 10 percent for the right lower extremity radiculopathy.
- Denied
The Veteran's service-connected disabilities alone did not prevent him from securing or maintaining substantially gainful employment prior to December 11, 2009. The Board denied the claim for TDIU on both schedular and extraschedular grounds.
- Remanded (sent back)
The Veteran's claim for service connection of a mechanical low back disability is reopened. The Board finds additional development necessary due to the possibility of worsening knee disabilities and new onset of lower back pain.
- Remanded (sent back)
The Board has remanded the issues of entitlement to an increased rating for mechanical low back pain, service connection for acquired psychiatric disability, and total disability rating based on individual unemployability.
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