The Board denied the Veteran's increased rating claims for low back strain with L3 osteophyte formation and neck strain with degenerative disc disease and osteophyte formation, finding that his disabilities did not warrant ratings higher than the current 20 percent.
The deciding factor: The Veteran's lumbar spine disability was found to have symptoms such as muscle spasm on extreme forward bending and unilateral loss of lateral spine motion in a standing position. His cervical spine disability had incapacitating episodes of intervertebral disc syndrome with a total duration of at least two weeks but less than four weeks in the past 12 months, meeting the criteria for a 20 percent rating under DC 5243.
- Claimed conditions
- Low back strain with L3 osteophyte formation, Neck strain with degenerative disc disease and osteophyte formation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2009
- Citation
- 0916239
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0916239.
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient development of evidence regarding frequency and length of incapacitating episodes, and for additional medical examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.