The Board denied the veteran's claims for increased ratings for his back and right great toe disabilities, finding that they did not meet the criteria for a higher rating based on their current symptomatology.
The deciding factor: The VA examiner found that the veteran's hyperextension of the lumbar spine was limited by pain and sciatica radiating down both legs upon hyperextension. The examination report also noted symmetric deep tendon reflexes bilaterally, but no clonus was elicited in either leg.
- Claimed conditions
- osteoarthritis of the lumbar spine, fracture right great toe with X-ray evidence of degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 5, 2006
- Citation
- 0613216
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 0613216.
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 the veteran's claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.
- Denied
The Board denied service connection for the veteran's back condition, finding it less likely than not related to service.
- Denied
The Board denied the veteran's claim for an earlier effective date for service connection for adjustment disorder with depressed mood. The decision was based on the lack of new and material evidence within one year of previous denials.
- Partly granted
The Board granted the restoration of a 40 percent rating for osteoarthritis of the lumbar spine effective October 23, 2017, but denied an earlier effective date for service connection for major depressive disorder.
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