The Veteran's low back disability is not entitled to a rating higher than 20 percent.
The deciding factor: The evidence does not support an initial rating higher than 20 percent for the orthopedic manifestations of his low back disability, and there are no neurological findings warranting a separate rating under DC 8520.
- Claimed conditions
- left degenerative sacroiliitis, lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 10, 2009
- Citation
- 0904717
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.
- Granted
The Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to deficiencies in a previous VA examination and remand directives. The issues include increased ratings for lumbar myositis, radiculopathy of the left lower extremity, and right lower extremity associated with lumbar myositis; discogenic disease, lumbar spine, as well as TDIU and service connection for an acquired psychiatric disability.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Denied
The Board denied a disability rating in excess of 40 percent for lumbar myositis with degenerative joint disease, as the evidence did not show unfavorable ankylosis or incapacitating episodes.
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.