The Veteran's service-connected chronic lumbosacral strain was manifested by some painful limitation of motion and complaints of weakness, but did not meet the criteria for a higher rating under Diagnostic Code 5237. The evidence does not support an initial disability rating in excess of 10 percent during the period prior to April 7, 2008.
The deciding factor: The Veteran's service-connected chronic lumbosacral strain did not meet the criteria for a higher rating under Diagnostic Code 5237 due to lack of limitation of motion or ankylosis.
- Claimed conditions
- chronic lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2009
- Citation
- 0948834
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. Search VA.gov for the original decision (opens in a new tab) using citation 0948834.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Whole decision: Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Whole decision: Granted
The Veteran's initial disability ratings for chronic lumbosacral strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and depression have been granted. The Veteran also received a TDIU effective from January 21, 2009.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to errors in fulfilling its duty to assist, specifically regarding obtaining private treatment records from Dr. R and a retrospective medical opinion.
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