The Veteran's claim for an increased rating for his lumbar spine disability was denied as the evidence did not show that he met the criteria for a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
The deciding factor: The VA examinations showed limited range of motion, but no additional limitation after repetitive use and pain was noted to be present throughout the range of motion. The examiner did not find any incapacitating episodes that would warrant a higher rating under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- lumbar paravertebral myositis, bulging disc at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2012
- Citation
- 1210862
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 1210862.
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 Board has granted an effective date of September 20, 1996 for the assignment of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.
- Granted
The Veteran's service-connected lumbar paravertebral myositis, disc disease, and spine spondylosis rendered him unable to secure or follow a substantially gainful occupation as of March 28, 2018. The Board granted his TDIU claim.
- Denied
The Board denied the Veteran's appeal because his April 2017 substantive appeal was not timely filed, and thus the April 2015 rating decision is final.
- Dismissed
The Veteran's appeals regarding increased ratings for his service-connected low back and left forearm disabilities have been dismissed due to the Veteran withdrawing his appeal in May 2022.
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