The Board found that the veteran's low back strain, which was rated at 40 percent prior to September 23, 2002, and is now rated as 40 percent under the revised criteria effective September 23, 2002, does not meet or approximate the criteria for a higher rating.
The deciding factor: The veteran's low back strain did not result in incapacitating episodes having a total duration of at least six weeks during the past 12 months and without unfavorable ankylosis of the entire thoracolumbar spine as required for a higher evaluation.
- Claimed conditions
- Low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2006
- Citation
- 0636662
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 0636662.
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.
- Remanded (sent back)
The Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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