The Veteran's low back disability did not meet the criteria for an evaluation in excess of 40 percent, as his symptoms were consistent with a 40 percent rating prior to September 26, 2003. The Board found that he did not have incapacitating episodes or unfavorable ankylosis.
The deciding factor: The Veteran's low back disability was rated at 40 percent based on severe limitation of motion and intervertebral disc syndrome symptoms, which were consistent with the criteria for a 40 percent rating prior to September 26, 2003. The Board determined that he did not meet the criteria for an evaluation in excess of 40 percent.
- Claimed conditions
- low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 1, 2010
- Citation
- 1004646
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 1004646.
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
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
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