The Board denied an increased evaluation for the veteran's lumbar paravertebral myositis, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
The deciding factor: The disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic codes due to limited motion and lack of findings supporting muscle spasm or severe lumbosacral strain.
- Claimed conditions
- lumbar paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 12, 2006
- Citation
- 0628894
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 0628894.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the matter of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities prior to December 12, 2019.
- Remanded (sent back)
The Veteran's appeal includes multiple issues related to his service-connected conditions, including increased ratings for lumbar and cervical spine disabilities, TBI, and peripheral neuropathy. The Board has determined that additional examinations are needed due to the possibility of worsening symptoms since the last VA examination.
- Partly granted
The veteran's claims for increased ratings for left knee arthritis and lumbar paravertebral myositis were denied, with the exception of a 20% rating from November 8, 1999, for the latter condition. The appeal regarding service connection was not timely filed.
- Denied
The Board denied an evaluation in excess of 40 percent for lumbar paravertebral myositis, as the evidence did not show additional functional limitation due to pain or during flare-ups sufficient to warrant a higher evaluation.
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