The VA determined that the appellant's low back disability, which has been rated at 40 percent since 1975, does not warrant a higher evaluation as it does not meet the criteria for an increased rating under the applicable diagnostic codes.
The deciding factor: The VA found that the appellant’s low back disability did not result in incapacitating episodes having a total duration of at least six weeks during the past 12 months or any other condition that would warrant a higher evaluation, such as unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- postoperative intervertebral herniated disc of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 11, 2010
- Citation
- 1009160
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. Read the original VA decision (opens in a new tab) using citation 1009160.
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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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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