The veteran's claim for an increased rating of his service-connected low back disability was denied. The RO found that the disability did not meet criteria for a higher rating due to lack of evidence showing severe symptoms such as ankylosis, incapacitating episodes, or separately ratable neurological symptoms.
The deciding factor: The VA examiner noted that the veteran's symptoms and physical findings were suggestive of right L5 nerve root irritation but did not show any signs of ankylosis, incapacitating episodes, or other severe manifestations required for a higher rating under the applicable criteria.
- Claimed conditions
- lumbosacral strain, residuals of a head injury, headache disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 6, 2008
- Citation
- 0838271
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 0838271.
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 Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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