The Veteran's claim for a rating in excess of 40 percent for lumbar fibromyositis with mechanical low back pain has been denied. The current disability is rated at the maximum available under the applicable diagnostic code, and there are no provisions that allow for an increased rating based on functional loss due to pain or other factors.
The deciding factor: The Veteran's disability does not meet the criteria for a higher rating as it does not involve unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes with a total duration of at least 6 weeks in any 12-month period. The current 40 percent rating is based on limitation of motion and pain, which are fully contemplated by this rating.
- Claimed conditions
- lumbar fibromyositis, mechanical low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 17, 2013
- Citation
- 1341533
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. Read the original VA decision (opens in a new tab) using citation 1341533.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeal seeking to revise the October 1986 rating decision is dismissed as the October 1986 decision was subsumed by the April 2020 Board decision, which granted service connection for lumbar degenerative disc disease.
- Whole decision: Granted
The Board granted service connection for mechanical low back pain, musculoskeletal neck and cervical spine, and ear condition (such as earaches) based on the evidence showing that these conditions had their onset during active service with continuity of symptoms to the present.
- Whole decision: Remanded (sent back)
The Board remanded all issues to the VA for further examination and documentation. The Veteran's claims are being sent back to the VA for additional evaluations.
- Whole decision: Remanded (sent back)
The appeal for service connection of mechanical low back pain and congenital fusion of L3-4 is remanded. The Board needs more information to decide if the condition was aggravated by military service.
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