The veteran's lumbar spine strain is not entitled to a rating in excess of 10 percent based on the current evidence.
The deciding factor: The veteran's range of motion and symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- lumbar spine strain, mild degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 6, 2009
- Citation
- 0900407
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The appeal for higher ratings and special monthly compensation was withdrawn by the Veteran before a decision was made.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection for various conditions, as well as initial ratings higher than noncompensable for dermatitis and hypertension, and a rating higher than 20 percent for lumbar spine strain.
- Partly granted
The Board granted service connection for right temporomandibular joint disorder (TMJ) and bruxism, lumbar spine strain, and erectile dysfunction and hypogonadism. The appeal was denied for an initial compensable rating for eczema.
- Dismissed
All appeals listed were dismissed due to the Veteran's death.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.