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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1341533.
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 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.
- 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.
- 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.
- 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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