The Veteran's claim for an increased rating for his chronic strain of the lumbosacral spine was denied, and he is currently rated at 20 percent. Service connection for bilateral shoulder and knee disabilities were also denied due to aggravation by military service.
The deciding factor: The evidence did not show that the Veteran's current disability picture more nearly approximated the criteria required for a higher evaluation than what was assigned based on his range of motion findings, which supported the 20 percent rating. Service connection was granted for bilateral shoulder and knee disabilities due to aggravation by military service.
- Claimed conditions
- chronic strain of the lumbosacral spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 22, 2010
- Citation
- 1023168
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 1023168.
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 claims for a higher disability rating and TDIU are being remanded due to the need for additional medical examinations and consideration of his reports of flare-ups.
- Dismissed
The appeal regarding the proposal to decrease the disability rating for chronic strain of the lumbosacral spine from 40 to 10 percent and the proposal to discontinue Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is dismissed.
- Granted
The Veteran's back condition is currently rated at 20 percent, and he has separate ratings for right and left lower extremity radiculopathy due to his service-connected back disability. The Board found the evidence did not support a higher rating based on limitation of motion or IVDS criteria.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to assess the severity of his cervical spine degenerative disc disease, internal hemorrhoids, inguinal hernia, and lumbosacral spine disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.