The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied by the RO. The Board remanded the matter again due to incomplete VA examination.
The deciding factor: The VA examiner did not fully comply with the Board's previous remand instructions regarding the assessment of neurological manifestations and their separation from peripheral neuropathy.
- Claimed conditions
- Severe degenerative joint disease (DJD) with foraminal stenosis, lumbar myositis, strain, and bilateral S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 25, 2012
- Citation
- 1237088
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 1237088.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied. The Board found that the predominant disability causing functional impairment in the lower extremities was diabetic peripheral neuropathy.
- 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 an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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