The Board has denied the veteran's claim for a higher rating for his chronic low back syndrome, finding that the evidence does not show limitation of motion or severe limitation of motion as required for a higher rating.
The deciding factor: The VA examinations consistently showed limited range of motion in the lumbar spine, but did not demonstrate severe limitation of motion (forward flexion to 30 degrees or less) as required by Diagnostic Code 5292 for a 40% rating.
- Claimed conditions
- chronic low back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 29, 2006
- Citation
- 0627211
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (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 0627211.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.
- Denied
The Veteran's claim for a higher rating for her chronic low back syndrome was denied, and the claim for TDIU due to service-connected disabilities other than PTSD was also denied.
- Granted
The Veteran's service-connected conditions, including varicose veins, chronic low back syndrome, bilateral lower extremity radiculopathy, hypertension, and chronic kidney disease, are of sufficient severity to preclude all forms of substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability are met.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his left and right knee disabilities, as well as his low back disability. The issues regarding increased ratings will be reconsidered based on the results of this examination.
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