The Veteran's service-connected chronic low back syndrome is productive of limitation of range of motion; without objective findings of unfavorable ankylosis of the thoracolumbar spine; with no objective evidence of incapacitating episodes of at least 6 weeks during the past 12 months; and the probative evidence attributes the majority of the Veteran's lumbar and thoracic spine symptomatology to nonservice-connected disabilities. The criteria for entitlement to a disability rating in excess of 40 percent for chronic low back syndrome have not been met.
The deciding factor: The Veteran's service-connected chronic low back syndrome does not meet the criteria for an increased rating as it does not result in unfavorable ankylosis, incapacitating episodes, or other factors warranting a higher rating under the applicable diagnostic codes.
- Claimed conditions
- chronic low back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 7, 2009
- Citation
- 0946277
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 0946277.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.
- Denied
The Veteran's claim for a higher rating for her chronic low back syndrome was denied, and the claim for TDIU due to service-connected disabilities other than PTSD was also denied.
- Granted
The Veteran's service-connected conditions, including varicose veins, chronic low back syndrome, bilateral lower extremity radiculopathy, hypertension, and chronic kidney disease, are of sufficient severity to preclude all forms of substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability are met.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his left and right knee disabilities, as well as his low back disability. The issues regarding increased ratings will be reconsidered based on the results of this examination.
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