The veteran's service-connected lumbar strain with spasm and arthritis is currently manifested by pain, limitation of motion, spasm, and osteoarthritic changes. The claim for an increased rating has been denied as the disability does not meet the criteria for a higher evaluation.
The deciding factor: The disability does not result in unfavorable ankylosis of the entire spine, which is required for a higher rating under DCs 5292 and 5293.
- Claimed conditions
- lumbar strain, arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 22, 2008
- Citation
- 0828540
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 0828540.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to DIC due to a failure to obtain a medical opinion prior to the rating decision on appeal regarding whether the Veteran's arthritis was related to his period of active service, and if so, whether it contributed to his death.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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