The Veteran's claim for a higher rating for his low back disability was denied. The evidence did not show ankylosis or 'pronounced' intervertebral disc syndrome, and the combined range of motion did not meet the criteria for a higher rating under the amended spine and disc regulations.
The deciding factor: The medical evidence did not demonstrate unfavorable ankylosis of the lumbar spine or 'pronounced' intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, as required by the amended spine and disc regulations to warrant a higher than 40 percent rating.
- Claimed conditions
- chronic thoracolumbar strain, degenerative disc disease, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 4, 2010
- Citation
- 1005242
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 1005242.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Granted
The Board granted service connection for lumbosacral strain and degenerative disc disease, finding that the evidence is at least equally balanced in favor of a relationship to an in-service motor vehicle accident.
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