The VA denied an increased rating for the veteran's lumbar myositis and radiculopathy, currently rated at 40 percent.
The deciding factor: The evidence did not show incapacitating episodes or unfavorable ankylosis of the spine that would warrant a higher rating under any applicable criteria.
- Claimed conditions
- lumbar myositis, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 23, 2006
- Citation
- 0632739
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 0632739.
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 Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
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