The Veteran is granted a rating of 40 percent for his service-connected low back disability, including myofascial syndrome, which includes symptoms such as widespread musculoskeletal pain and weakness that are refractory to treatment.
The deciding factor: The Veteran's constant widespread musculoskeletal pain, fatigue, headaches, sleep disturbance, stiffness, and muscle weakness were found to be refractory to therapy and meet the criteria for a 40 percent disability rating under DC 5025 (fibromyalgia).
- Claimed conditions
- myofascial syndrome, low back pain, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 5, 2010
- Citation
- 1041779
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 1041779.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- 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.
- 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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
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