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
- Not verified here — check the original decision
- Decision date
- December 7, 2006
- Citation
- 0638122
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0638122.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Whole decision: Denied
The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of flexion), and awarded an initial compensable rating for right knee patellofemoral pain syndrome, tendinitis, and strain, status post arthroscopy with meniscal tear and degenerative arthritis (limitation of extension).
- Whole decision: Remanded (sent back)
The Veteran's back disorder is remanded for further examination and opinion to determine its etiology, including consideration of his in-service injury and treatment.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
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