The Board denied the veteran's claims for increased ratings for her service-connected low back strain with degenerative joint disease, finding that the evidence did not meet the criteria for a higher rating prior to February 17, 2006 and from February 17, 2006.
The deciding factor: The VA examinations showed that the veteran's symptoms were consistent with a 10 percent disability rating under the old Diagnostic Code 5295, which was in effect prior to September 26, 2003. The new criteria did not change this assessment.
- Claimed conditions
- low back strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 3, 2007
- Citation
- 0719976
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 0719976.
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 Board remands the claims for increased ratings of migraines, low back strain with degenerative joint disease, and left lower extremity sciatic nerve radiculopathy to correct a pre-decisional duty to assist error.
- Partly granted
The veteran's claims for higher disability ratings were denied, but the claim for special monthly compensation based on the need for aid and attendance was granted. The claim for an earlier effective date for TDIU was also denied.
- Remanded (sent back)
The Veteran's claims for increased evaluations and TDIU are remanded due to the need for additional VA examinations to address range of motion testing, functional loss during flare-ups, and other relevant factors.
- Granted
The Veteran's service-connected disabilities, including back strain with degenerative joint disease, left lower extremity radiculopathy, PTSD, and sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since July 21, 2016. The Board has granted the TDIU claim.
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