The Board found that the evidence did not support an evaluation in excess of 20 percent for the service-connected low back disability.
The deciding factor: The evidence did not show incapacitating episodes, severe limitation of motion, or other factors necessary to warrant a higher rating under the applicable criteria.
- Claimed conditions
- dorsolumbar paravertebral myositis, lumbar fibromyositis, degenerative osteoarthritis of the spine with disc disease of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908482
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.
- Partly granted
The appeal for service connection of lumbar fibromyositis was dismissed. The appeals for right ankle sprain and ankle calcaneus spurs were denied.
- Granted
The Veteran's service-connected disabilities, mainly his back disability, have caused the need for regular aid and attendance of another person.
- Partly granted
The veteran's lumbar radiculopathy was rated at 20 percent for the entire period of claim, while his dorsolumbar paravertebral myositis did not warrant a higher rating.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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