The Board denied the veteran's claim for a disability rating greater than 40 percent for mechanical low back pain with degenerative arthritis and degenerative disc disease due to his failure to appear at a scheduled VA examination. The criteria for a higher rating were not met based on the evidence of record.
The deciding factor: The veteran's low back disability did not meet the criteria for a higher rating under applicable schedular criteria, including intervertebral disc syndrome and ankylosis of the spine.
- Claimed conditions
- Mechanical Low Back Pain, Degenerative Arthritis, Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 7, 2006
- Citation
- 0638122
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 0638122.
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 appeal of a proposed reduction of the evaluation of left knee meniscal tear, status post arthroscopic repair with chondromalacia, to include degenerative arthritis from 20 percent to 10 percent is dismissed. The Veteran's claim for a rating in excess of 20 percent for his service-connected left knee disability was also denied.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
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