The veteran's low back disability, rated at 40 percent disabling, does not meet the criteria for a higher rating as his symptoms do not warrant an evaluation in excess of 40 percent.
The deciding factor: The veteran's lumbar spine disability is currently evaluated based on severe limitation of motion and incapacitating episodes. However, the current evidence does not support a higher evaluation due to lack of additional significant orthopedic or neurological manifestations.
- Claimed conditions
- mechanical low back pain, right leg radiculitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 5, 2006
- Citation
- 0619514
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0619514.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for higher ratings on his service-connected right and left leg radiculitis have been dismissed. The Veteran has also had his claim for erectile dysfunction, which is secondary to his service-connected lumbar spine DDD, bilateral lower extremity radiculitis, and bilateral lower extremity radiculopathy, granted.
- Granted
The Board granted service connection for mechanical low back pain, musculoskeletal neck and cervical spine, and ear condition (such as earaches) based on the evidence showing that these conditions had their onset during active service with continuity of symptoms to the present.
- Remanded (sent back)
The Board remanded all issues to the VA for further examination and documentation. The Veteran's claims are being sent back to the VA for additional evaluations.
- Remanded (sent back)
The appeal for service connection of mechanical low back pain and congenital fusion of L3-4 is remanded. The Board needs more information to decide if the condition was aggravated by military service.
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