The veteran's service-connected low back strain, multilevel degenerative disc disease with spondylosis and deformity of the lumbar vertebra 2-3 is currently rated at 40 percent. The RO denied an increased rating for this condition as there were no incapacitating episodes meeting the criteria under Diagnostic Code 5293. For neuropathy, ratings of 40 percent are assigned for both lower extremities.
The deciding factor: The veteran's low back strain and degenerative disc disease do not meet the criteria for a higher rating due to lack of incapacitating episodes as required by the revised spine rating criteria effective September 26, 2003. The neuropathy ratings are based on the current criteria under Diagnostic Code 8520.
- Claimed conditions
- Mechanical low back strain, Multilevel degenerative disc disease with spondylosis with spurring and bulging at multiple levels, Deformity of the lumbar vertebra 2-3
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2006
- Citation
- 0624869
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 0624869.
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 veteran's claims for increased ratings for mechanical low back strain, chronic fatigue syndrome, and stuttering were denied as the evidence did not support a higher rating.
- Denied
The VA denied a higher initial rating for mechanical low back strain, as the veteran's flexion was at 95 degrees, which is above the threshold for a 20% rating.
- Granted
The Board has granted a 40 percent evaluation for mechanical low back strain since September 26, 2003. The veteran's condition was previously rated at 20 percent from May 22, 1997 to September 25, 2002.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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