The veteran's lumbar spine disability is rated at 40 percent, but the Board found that it does not meet the criteria for a higher rating. The claim for service connection of fibromyalgia was also denied.
The deciding factor: The veteran's lumbar spine disability did not result in unfavorable ankylosis or incapacitating episodes as required for a higher rating under the amended spinal rating criteria, and his fibromyalgia was not shown to be related to service or a service-connected condition.
- Claimed conditions
- degenerative changes of the lumbar spine with congenital pedicle defect, fibromyalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 17, 2006
- Citation
- 0610983
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 0610983.
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Denied
The Board denied service connection for fibromyalgia as the evidence does not support a current diagnosis of the condition.
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