The Veteran's claim for increased ratings for his service-connected low back disability is denied. The RO has scheduled the Veteran for a VA examination to determine the current severity of his lumbar spine disability, and will consider all evidence in determining whether an increase in severity has occurred.
The deciding factor: The Board found that the criteria for an evaluation in excess of 40 percent had not been met prior to January 25, 2005. The RO is required to review all relevant evidence, including prior decisions, and determine if a new increased rating can be granted based on newly presented evidence.
- Claimed conditions
- low back strain, degenerative disc disease of the lumbar spine, status post T-4 through S-1 fusion surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2010
- Citation
- 1023783
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 1023783.
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.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Dismissed
The Veteran's appeal for service connection of a low back strain has been withdrawn, resulting in the dismissal of this issue.
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