The veteran's low back disability does not meet the criteria for a rating in excess of 40 percent.
The deciding factor: There is no evidence of unfavorable ankylosis of the entire thoracolumbar spine, which would warrant a higher evaluation.
- Claimed conditions
- chronic low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 10, 2009
- Citation
- 0904804
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.
- Dismissed
The veteran withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- Remanded (sent back)
The Board denied an earlier effective date for the award of service connection for a lower back disability and remanded claims for a higher rating, TDIU, and extraschedular consideration.
- Partly granted
The Veteran's claim for a higher initial rating and earlier effective date of service connection for his back disability was partially granted, with a 40 percent disability rating assigned from May 10, 2010. The claim for an earlier effective date was denied.
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