The VA denied the veteran's claim for a higher evaluation of his service-connected status post transverse spinous process fracture, currently rated at 20 percent. The disability is characterized by moderate decrease in range of motion with pain but without severe loss of range of motion.
The deciding factor: The veteran's back disability does not meet the criteria for a higher rating as it does not demonstrate severe limitation of motion or other disabling features such as ankylosis, muscle spasm, guarding, or associated neurologic impairment.
- Claimed conditions
- status post transverse spinous process fracture, low back pain, spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2006
- Citation
- 0638302
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 0638302.
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 appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.
- Dismissed
The appeal for service connection for a lumbar spine disability was dismissed due to the untimely filing of the Notice of Disagreement.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
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