The Veteran's claim for a higher rating for his service-connected residuals of low back injury is denied as the evidence does not show that his disability warrants a rating in excess of 40 percent. The claim for TDIU is also denied as the Veteran's combined rating and individual unemployability do not meet the criteria for a TDIU rating.
The deciding factor: The Veteran’s service-connected residuals of low back injury are currently rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not show that his disability warrants an even higher rating based on limitation of motion or neurological symptoms.
- Claimed conditions
- residuals of low back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 31, 2012
- Citation
- 1244346
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 1244346.
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.
- Dismissed
The Board dismissed the appeal for service connection of low back injuries due to a withdrawal by the appellant.
- Denied
The Board denied service connection for both the low back and left ankle injuries, finding that there was no evidence of a current disability or relationship to service.
- Denied
The Board denied the Veteran's claim for service connection for residuals of low back injury, including chronic low back pain and lumbar spine degenerative disc disease, finding that there was no evidence to support a link between his current symptoms and active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU prior to January 23, 2015 due to incomplete records. The Veteran needs to provide Social Security Administration (SSA) medical records used in his disability benefits decision.
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