The veteran's service-connected low back disability is not manifested by unfavorable ankylosis of the entire spine or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months, and therefore, an increased disability rating in excess of 50 percent is not warranted.
The deciding factor: The veteran's low back disability does not meet the criteria for a higher evaluation under the applicable diagnostic codes due to the presence of some motion in the spine and no evidence of unfavorable ankylosis or incapacitating episodes as required by the rating schedule.
- Claimed conditions
- degenerative arthritis of the low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902981
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 0902981.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded both claims of service connection for degenerative arthritis of the low back and a left knee disorder, as they are inextricably intertwined with each other.
- Dismissed
The Board dismissed the appeal as the appellant requested withdrawal of the appeal.
- Granted
The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, which render him unable to follow a substantially gainful occupation.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the relationship between service and hearing loss and tinnitus.
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