The Board found that the veteran's forward flexion of the thoracolumbar spine was not restricted to 30 degrees or less, and there were no incapacitating episodes due to intervertebral disc syndrome. Therefore, an increased rating higher than 20 percent for the service-connected lumbar spine disability is denied.
The deciding factor: The veteran's forward flexion of the thoracolumbar spine was limited to 45 degrees with complaints of pain and some muscle spasm, but not enough to warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- low back injury, with recurrent mechanical lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 3, 2009
- Citation
- 0903787
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.
- Denied
The Board denied service connection for a neck injury, left shoulder injury, and low back injury as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Partly granted
The Board dismissed the appeal for service connection for low back injury, denied service connection for sinusitis and allergic rhinitis, and denied a higher disability rating for PTSD. The claim for service connection for pain of left shoulder was remanded.
- Dismissed
The veteran withdrew the appeal for service connection for a bilateral knee injury and low back injury, and these issues are therefore dismissed.
- Remanded (sent back)
The Board remands the claim for service connection for a low back injury to the RO for initial consideration of new and relevant evidence.
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