The veteran's recurrent low back pain did not meet the criteria for a disability rating in excess of 40 percent.
The deciding factor: For the entire period of increased rating claim, the veteran's recurrent low back pain had not manifested unfavorable ankylosis of the entire thoracolumbar spine or symptoms that more nearly approximated incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.
- Claimed conditions
- recurrent low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901728
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0901728.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) because the service-connected disabilities, either alone or in combination, did not render him unable to obtain and maintain substantially gainful employment.
- Remanded (sent back)
The Board has remanded the case due to a lack of VA treatment records from 1981, which are relevant to the Veteran's claim for service connection for recurrent low back pain.
- Denied
The Veteran's grandchildren, L.M. and A.M., do not meet the legal criteria to be considered dependents for purposes of additional DIC benefits due to lack of adoption or legitimate child status.
- Dismissed
The Veteran requested to withdraw all pending appeals, including those for service connection for nightmares and increased rating for PTSD, as well as reopening of previously denied claims for hepatitis, skin rash, stress fracture residuals, fragment wounds, and recurrent back pain.
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