The Veteran's mechanical low back pain with degenerative disc disease is manifested by pain, limitation of motion, and arthritis; it does not meet the criteria for a disability rating in excess of 40 percent.
The deciding factor: The Veteran’s range of motion testing revealed forward flexion to 50 degrees, extension to 10 degrees, lateral bending to 10 degrees bilaterally, and rotation to 15 degrees. There was no objective evidence of radiculopathy or incapacitating episodes, which are required for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Mechanical low back pain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 28, 2009
- Citation
- 0936834
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 0936834.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals regarding the initial rating for mechanical low back pain with degenerative disc disease and the claim for a TDIU prior to the Board's decision.
- Granted
The Veteran's service-connected knee disabilities have been granted increased ratings, effective June 12, 2013. His right and left knee disabilities are now rated at 20 percent each.
- Granted
The Board has determined that the veteran's low back disability warrants a rating of 40 percent, effective September 23, 2002. The claim for an earlier effective date is denied.
- Denied
The VA has determined that the veteran's mechanical low back pain with degenerative disc disease does not warrant a rating higher than 20 percent.
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