The Veteran's claim for an increased rating for his service-connected lumbar spasms of the erector spinal muscles was granted, effective November 30, 2004. The appeal is not about service connection at all.
The deciding factor: The Veteran submitted a new claim for an increased rating within one year of the previous denial and provided sufficient evidence to warrant a grant of his claim.
- Claimed conditions
- lumbar spasms of the erector spinal muscles, right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 19, 2009
- Citation
- 0918720
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 0918720.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Denied
The Board denied service connection for right and left lumbar radiculopathy as the underlying primary low back disability is not an adjudicated service-connected condition.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, transient global amnesia, tinnitus, and PTSD have been denied. The Board has found that there is no competent evidence of these conditions during the pendency of the claim.,For the lumbar spine disability, the Veteran was granted service connection but a higher rating remains in dispute.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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