The Board found that the veteran's low back disability, which is currently rated at 40 percent under Diagnostic Code 5295-5292 for lumbosacral strain and limitation of motion, does not warrant a higher rating as his symptoms do not meet or more nearly approximate the criteria for a higher evaluation.
The deciding factor: The veteran's low back disability is manifested by severe limitation of lumbar spine motion with pain, tenderness on palpation, and flare-ups, without objective evidence of neurological manifestations, a vertebra fracture, a demonstrable deformity of vertebral body, or ankylosis of the thoracolumbar spine or of the entire spine.
- Claimed conditions
- low back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 21, 2007
- Citation
- 0704996
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 0704996.
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.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for his service-connected low back syndrome is being remanded due to inadequacies in the July 2024 VA examination, including failure to consider medication effects and flare-ups.
- Remanded (sent back)
The Board remands the claim for service connection for low back syndrome to correct a duty to assist error that occurred prior to the rating decision on appeal.
- Partly granted
The Board granted service connection for cervicothoracic syndrome, low back syndrome, and obstructive sleep apnea. The remaining claims were remanded.
- Remanded (sent back)
The Board has remanded the case due to errors in the decision and a need for further development, including obtaining an addendum opinion from a clinician.
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