The veteran's low back disability was not shown to warrant a rating in excess of the assigned ratings prior to December 3, 2003 and from December 3, 2003 to November 1, 2005. From November 1, 2005, the disability has not been manifested by ankylosis, pronounced intervertebral disc syndrome, incapacitating episodes, or separately ratable neurological symptoms.
The deciding factor: The veteran's low back disability did not meet the criteria for a higher rating under any applicable diagnostic codes due to lack of evidence of moderate limitation of motion, muscle spasm on extreme forward bending, loss of lateral spine motion, or severe intervertebral disc syndrome prior to December 3, 2003. From that date, there was no evidence of incapacitating episodes or chronic orthopedic and neurologic manifestations warranting a higher rating.
- Claimed conditions
- lumbosacral strain, degenerative joint disease (arthritis), degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2006
- Citation
- 0638346
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 0638346.
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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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