The Veteran's chronic lumbar strain did not meet the criteria for a rating in excess of 10 percent from February 25, 2005 to November 5, 2008.
The deciding factor: The evidence showed no forward flexion greater than 30 degrees but not greater than 60 degrees; or combined range of motion of the thoracolumbar spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour.
- Claimed conditions
- chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 10, 2009
- Citation
- 0904749
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 earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.
- Partly granted
The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Denied
The Board denied the veteran's claims for increased ratings and remanded a claim for service connection for sleep apnea.
- Dismissed
The appeal for an increased disability rating for chronic lumbar strain was withdrawn, and the Veteran is granted special monthly compensation based on the need for regular aid and attendance.
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