The veteran's service-connected low back disability, characterized as myalgia, lumbar muscles, right with limitation of motion of the lumbar spine, mechanical lower back pain and arthritis, is currently rated at 40 percent. The Board finds that this rating is not higher than what is warranted based on the evidence.
The deciding factor: The veteran's low back disability does not meet or nearly approximate the criteria for a higher evaluation due to lack of ankylosis of the spine and absence of intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks in the last 12 months, which would allow for a higher rating under the amended rating criteria.
- Claimed conditions
- myalgia, lumbar muscles, right, limitation of motion of the lumbar spine, mechanical lower back pain, arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2007
- Citation
- 0739561
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 0739561.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
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- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his diagnosed conditions, including mental health disorders, gastrointestinal issues, respiratory problems, arthritis, neuropathy, sleep apnea, erectile dysfunction, and headaches. The examination will also address whether any of these conditions were caused or aggravated by his service-connected diabetes mellitus.
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