The Veteran's initial evaluation for a myofascial strain of the left paraspinal muscles was granted at 20 percent, and he is now seeking an increased rating. The Board found that his current disability does not warrant a higher evaluation as it did not meet the criteria for an evaluation in excess of 20 percent.
The deciding factor: The Veteran's myofascial strain of the left paraspinal muscles was manifested by forward flexion of the lumbar spine to 45 degrees, combined range of motion of the lumbar spine of 155 degrees, and tenderness to palpation without evidence of anklyosis. The Board determined that his disability did not meet the criteria for an evaluation in excess of 20 percent.
- Claimed conditions
- myofascial strain of the left paraspinal muscles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 7, 2009
- Citation
- 0929551
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 0929551.
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 Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the severity of his service-connected myofascial strain and whether he has any additional disability due to carelessness or negligence on VA's part in April 2007 surgery. The issue of service connection for lumbosacral degenerative disc disease is also being remanded.
- 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.