The veteran's low back disability was evaluated at a 10 percent rating prior to April 14, 2006 and remains at that level since then. The Board found no evidence of incapacitating episodes or additional orthopedic/neurologic manifestations warranting higher ratings.
The deciding factor: The objective medical evidence did not demonstrate any more than slight limitation of motion of the lumbar spine, which is sufficient to warrant a 10 percent rating under DC 5292. The veteran's claim for increased evaluations was therefore denied as there were no additional orthopedic or neurologic manifestations that would support higher ratings.
- Claimed conditions
- lumbar levoscoliosis, myofascial lumbar spine pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 7, 2007
- Citation
- 0738527
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 0738527.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination and opinion regarding the Veteran's lumbar spine disability. A new VA medical examination is required.
- Denied
The Board denied service connection for the Veteran's low back disability, finding that his congenital lumbar levoscoliosis was not aggravated by service and did not have onset during service or within one year of separation.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's service-connected low back strain and whether his lumbar levoscoliosis is a congenital defect or disease. The Veteran also needs an updated VA medical opinion on whether his service-connected condition has aggravated other disabilities.
- Remanded (sent back)
The Veteran's claim for a higher evaluation of his service-connected chronic low back strain is being remanded due to the need for further examination and opinion regarding whether his service-connected condition has aggravated other disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.