The Board denied an evaluation in excess of 40 percent for lumbar paravertebral myositis, as the evidence did not show additional functional limitation due to pain or during flare-ups sufficient to warrant a higher evaluation.
The deciding factor: The veteran's lumbar myositis was primarily manifested by complaints of pain and limitation of motion; additional functional limitation due to pain or during flare-ups sufficient to warrant a higher evaluation than currently assigned has not been demonstrated.
- Claimed conditions
- lumbar paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2008
- Citation
- 0809976
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the matter of entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities prior to December 12, 2019.
- Partly granted
The veteran's claims for increased ratings for left knee arthritis and lumbar paravertebral myositis were denied, with the exception of a 20% rating from November 8, 1999, for the latter condition. The appeal regarding service connection was not timely filed.
- Denied
The Board denied the veteran's claim for a higher disability evaluation for his right ankle disability and service connection for residuals of left knee arthroscopy and lumbar paravertebral myositis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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