The Veteran's claim for a higher rating prior to June 14, 2005 was denied as his low back disability did not meet the criteria for an initial rating in excess of 40 percent.
The deciding factor: The evidence showed that the Veteran had pain and limitation of motion but no residuals such as ankylosis or neurological manifestations warranting a higher rating.
- Claimed conditions
- L4-L5 disc protrusion, left L5-S1 disc protrusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 2, 2009
- Citation
- 0937624
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 0937624.
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.
- Granted
The Veteran's claim for service connection for degenerative arthritis and L4-L5 disc protrusion as secondary to a service-connected knee condition is granted.
- Denied
The Veteran's low back disability was not shown to have been manifested by unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc disease, or additional (to left lower extremity radiculopathy) separately ratable neurological manifestations. Ratings for a low back disability in excess of 20 percent prior to April 2, 2017, and in excess of 40 percent from that date are denied.
- Denied
The Veteran's service-connected lumbosacral spine strain, L4-L5 disc protrusion, and L5-S1 annular tear are currently rated at 40 percent disabling from October 14, 2015. The Board finds that the evidence does not support a higher rating for any period on appeal.
- 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.
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