The VA determined that the veteran's low back disability, rated at 20 percent under DC 5295, does not warrant a higher rating as his forward flexion of the thoracolumbar spine is not limited to 30 degrees or less and he does not have ankylosis.
The deciding factor: The VA found that the veteran's disability did not meet the criteria for a higher rating under any applicable diagnostic codes, including those related to intervertebral disc syndrome (IVDS) and diseases of and injuries to the spine.
- Claimed conditions
- lumbosacral strain with osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 7, 2007
- Citation
- 0728176
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 0728176.
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.
- Remanded (sent back)
The Board remanded the claim for an initial disability rating in excess of 20 percent for lumbosacral strain with osteoarthritis because the VA examinations were inadequate.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a VA examination to assess the severity of his service-connected lumbosacral strain with osteoarthritis.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development and readjudication of his claims, including obtaining updated treatment records and ensuring proper notice regarding a claim for TDIU.
- Granted
The Veteran's low back disability is rated at 40 percent, effective September 8, 2009. The Board also granted separate ratings of 10 percent for radiculopathy in both lower extremities from January 14, 2010.
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