The Board denied the Veteran's claims for a higher disability rating for his low back pain syndrome and lumbosacral myositis, finding that the evidence did not support a rating in excess of 40 percent. The claim for TDIU was also denied.
The deciding factor: The preponderance of the evidence showed that the Veteran's lumbar spine disability did not meet or approximate the criteria for a higher disability rating under any applicable diagnostic code, including those related to intervertebral disc syndrome and ankylosis. The Board found no basis to grant a separate evaluation for erectile dysfunction.
- Claimed conditions
- low back pain syndrome, lumbosacral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 19, 2012
- Citation
- 1236418
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 1236418.
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.
- Remanded (sent back)
The Veteran's lumbar spine disability is being remanded for further development due to inadequate examination and potential missing service treatment records.
- Granted
The Board has granted a 20 percent rating for the Veteran's thoracolumbar spine disability, effective December 14, 2007. The claim for service connection for residuals of TBI is also granted.
- Remanded (sent back)
The Board has remanded the case due to a request for a videoconference hearing and unclear appeal scope. The Veteran's claims for service connection are pending.
- Granted
The Veteran's lumbosacral myositis and associated radiculopathy are rated at the maximum allowable under VA guidelines, with no additional ratings for separate disabilities or incapacitating episodes.
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