The Veteran's claim for a higher rating for his low back disability was denied, and the claim for service connection for malaria was also denied. The Board found that there was no evidence of incapacitating episodes or additional functional loss due to pain. The Veteran's current symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes.
The deciding factor: The medical evidence did not support findings of forward flexion greater than 30 degrees, muscle spasm resulting in an abnormal gait, or incapacitating episodes of intervertebral disc syndrome. The Veteran's current symptoms were found to be consistent with his existing rating and the applicable diagnostic codes.
- Claimed conditions
- lumbar spine degenerative disc disease with mild strain, malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 17, 2010
- Citation
- 1010139
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 1010139.
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 Board has decided to remand the case due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
- Dismissed
The Veteran's appeal for an increased rating for malaria was dismissed because the November 17, 2025 request for Board review came before the September 16, 2025 higher-level review of the same issue had been completed.
- Dismissed
The appeal has been dismissed due to the death of the Appellant, and no decision can be made on the underlying claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors and additional examinations are required. The AOJ will also request clarification from the Veteran regarding his claim for malaria.
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