The Veteran's low back disability, manifested by severe limitation of motion and ankylosis not shown, warrants a 40 percent rating from June 23, 2008.
The deciding factor: Severe limitation of motion in the lumbar spine was demonstrated with no evidence of ankylosis or vertebral fracture.
- Claimed conditions
- lumbar myositis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 28, 2012
- Citation
- 1229669
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 1229669.
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.
- 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.
- 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 remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
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