The VA determined that the veteran's lumbar myositis with L2 and L3 vertebral bodies irregularities, minimal posterior concentric bulging discs L2-3 and L4-5, mild depression of L2-3 superior endplates towards the right, mild degenerative changes does not meet the criteria for a rating in excess of 10 percent.
The deciding factor: The veteran's lumbar spine disability did not meet the criteria for a higher rating under the General Formula as his range of motion was within the limits that would warrant a 10 percent rating.
- Claimed conditions
- lumbar myositis, L2 vertebral bodies irregularities, L3 vertebral bodies irregularities, L4-L5 vertebral bodies irregularities, mild depression of L2-3 superior endplates towards the right, mild degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 8, 2008
- Citation
- 0822834
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 0822834.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Remanded (sent back)
The Veteran's claims for higher ratings for lumbar myositis and service connection for bilateral lower extremity peripheral neuropathy are being remanded due to pre-decisional duty to assist errors. The Board will obtain new examinations and opinions to address the severity of his lumbar disability and the etiology of his bilateral lower extremity peripheral neuropathy.
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