The Board found that the veteran's low back disability, manifested by pain and limited range of motion but no ankylosis, warranted a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine. The claim for an increased rating was denied.
The deciding factor: The VA examinations showed the veteran had chronic lumbosacral strain with pain without radiating symptoms or incapacitating episodes over the last 12 months, which did not meet the criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- chronic low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 4, 2008
- Citation
- 0841683
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 0841683.
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The Veteran has withdrawn their appeal, effectively dismissing the case.
- Remanded (sent back)
The Board has remanded the case due to concerns about the competency of the VA medical examiner who provided a negative nexus opinion regarding the Veteran's low back disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions and failure to comply with previous remand directives. The Veteran's claim for service connection for a chronic low back disability is now before the RO for further review.
- Remanded (sent back)
The Board has remanded the case due to inadequate development and need for an addendum medical opinion. The Veteran's claim of service connection for a chronic low back disability is now pending.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.