The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for chronic lumbar strain, finding that the evidence did not support a higher rating.
The deciding factor: Throughout the rating period on appeal, the veteran's chronic lumbar strain was productive of complaints of pain; objectively, the evidence shows no more than slight limitation of motion without muscle spasm and flexion to no less than 70 degrees, with no loss of motion due to fatigue or weakness, and no abnormal spinal contour with no competent evidence of associated neurologic impairment.
- Claimed conditions
- chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2008
- Citation
- 0810594
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.
- Granted
The Board granted earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.
- Partly granted
The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Denied
The Board denied the veteran's claims for increased ratings and remanded a claim for service connection for sleep apnea.
- Dismissed
The appeal for an increased disability rating for chronic lumbar strain was withdrawn, and the Veteran is granted special monthly compensation based on the need for regular aid and attendance.
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.