The Board denied the appellant's claim for an increased disability rating in excess of 20 percent for her service-connected low back pain and lumbar myositis, finding that she did not meet the schedular criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The appellant's forward flexion of the thoracolumbar spine was found to be greater than 30 degrees but not greater than 60 degrees, which does not meet the requirement for a 40 percent disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- low back pain, lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 14, 2011
- Citation
- 1114735
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 1114735.
What this means for you
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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 claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- 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.
- Granted
The Board has granted an effective date of February 26, 2011 for the award of service connection for low back pain with left sacroiliac dysfunction based on new evidence received after a final denial.
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