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 assigned
- None in this 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. Look up the original decision on VA.gov (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.
- Granted
The Board granted an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for malaria, including residuals, as there is no current diagnosis of malaria or residuals.
- Denied
The Board denied the Veteran's claim for an initial compensable evaluation for malaria as there was no evidence of active malaria or any current residuals affecting a bodily system.
- Partly granted
The Board granted service connection for cold spells and an eye disability (glaucoma suspect and pigment dispersion) related to the Veteran's service, but denied a compensable rating for malaria.
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