The Board denied the veteran's claims for increased ratings for lumbosacral strain and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the revised spine rating criteria effective September 26, 2003.
The deciding factor: The medical evidence showed flexion of the thoracolumbar spine to more than 30 degrees and incapacitating episodes totaling one week during the past 12 months. However, there was no evidence of severe or moderately-severe incomplete paralysis of the popliteal or sciatic nerves.
- Claimed conditions
- lumbosacral strain with degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 31, 2008
- Citation
- 0844993
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 0844993.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings for depressive disorder and lumbosacral strain are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to new evidence and for further development.
- Remanded (sent back)
The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.
- Denied
The Veteran's lumbosacral strain with degenerative joint and disc disease is currently rated at 40 percent, but the evidence does not support an increase to a higher rating due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.
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