The Board found that the veteran's low back disorder, characterized by some limitation of motion with pain but no evidence of incoordination, weakness, fatigability, or functional loss due to subjective complaints of pain, does not meet the criteria for a disability rating in excess of 20 percent.
The deciding factor: The VA examinations and medical records did not show any additional impairment warranting an increased rating beyond the current 20% assigned under Diagnostic Code 5295.
- Claimed conditions
- low back strain, spondylolisthesis, spondylosis, spina bifida occulta
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 27, 2006
- Citation
- 0608795
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 Veteran's service-connected disabilities render him unable to follow and secure substantially gainful employment, thus a total disability rating for individual unemployability is granted.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Dismissed
The veteran withdrew the appeal for service connection for left knee patellar femoral syndrome, right knee patellar femoral syndrome, low back strain, and right hip bursitis.
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