The Veteran's low back disability is manifested by complaints of chronic pain, with flare-ups and exacerbations; objective findings of limitation of lumbar motion with pain on motion; and limitation of activities. The Board denied an increased evaluation in excess of 40 percent for his lumbosacral strain with degenerative joint disease, degenerative disc disease with facet hypertrophy, spinal stenosis and herniated nucleus pulposus, L-4/L-5, status post-discectomy and fusion.
The deciding factor: The Veteran's low back disability is manifested by complaints of chronic pain, with flare-ups and exacerbations; objective findings of limitation of lumbar motion with pain on motion; and limitation of activities. There has been no report or finding of ankylosis or incapacitating episodes having a total duration of at least 6 weeks over a recent period of 12 months.
- Claimed conditions
- lumbosacral strain, degenerative joint disease, degenerative disc disease, spinal stenosis, herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 4, 2010
- Citation
- 1041584
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 1041584.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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