The Veteran's claim for an increased rating for his low back disorder was denied. The Board found that the evidence did not show incapacitating episodes, unfavorable ankylosis of the entire thoracolumbar spine, or at least mild incomplete paralysis of the sciatic nerve.
The deciding factor: The medical evidence did not show any incapacitating episodes requiring physician-prescribed bed rest for six weeks in the past year. The VA examinations and private treatment records did not document unfavorable ankylosis of the entire thoracolumbar spine or at least mild incomplete paralysis of the sciatic nerve.
- Claimed conditions
- multilevel degenerative disc disease with posterior disc protrusion and associated spinal stenosis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2010
- Citation
- 1006727
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 1006727.
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.
- Remanded (sent back)
The veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for a new VA examination and compliance with Vazquez-Flores v. Peake, which requires specific notice regarding the criteria for increased ratings.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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