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.
- Granted
The Veteran's service-connected disabilities render him unable to follow and secure substantially gainful employment, thus a total disability rating for individual unemployability is granted.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
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