The veteran's service-connected low back disorder has not resulted in incapacitating episodes having a total duration of at least six weeks during the past 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or incomplete paralysis of either of the sciatic nerves. Therefore, an evaluation in excess of 40 percent is not warranted.
The deciding factor: The veteran's low back disorder has not met the criteria for a higher rating under the applicable diagnostic codes and general rating formula for diseases and injuries of the spine.
- Claimed conditions
- chronic low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901463
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.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded claims for chronic low back pain, upper back pain, right hand disability, left hand disability, headaches, and right knee disability.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Partly granted
The Board denied service connection for bilateral sensorineural hearing loss and remanded the claims for other conditions due to insufficient evidence.
- Dismissed
The Veteran withdrew the appeal for service connection for chronic back pain, right lower extremity radiculopathy, and a left knee disability secondary to the service-connected right knee patellofemoral syndrome.
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.