The Board found that the veteran's low back pain did not meet the criteria for a higher rating, as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months.
The deciding factor: The VA examination reports and medical records showed that the veteran's low back pain was primarily managed with medication, physical therapy had not helped, and he required bed rest due to his condition. However, there was no evidence of unfavorable ankylosis or incapacitating episodes as defined by VA regulations.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Post Traumatic Stress Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 15, 2007
- Citation
- 0714388
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 0714388.
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 is granted special monthly compensation based on housebound status due to his service-connected disability, but denied for aid and attendance.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
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