The Veteran's service-connected low back strain and neck strain are rated at the maximum allowable under VA's rating schedule, and there is no evidence of additional disability not contemplated by these ratings. The Board denied entitlement to extraschedular ratings for both conditions. For TDIU prior to December 16, 2003, the Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
The deciding factor: The Veteran's low back strain and neck strain are rated at the maximum allowable under VA's rating schedule (20% for each condition), which adequately reflects their severity. There is no evidence of additional disability not contemplated by these ratings, thus an extraschedular rating is denied.
- Claimed conditions
- Low Back Strain, Neck Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2015
- Citation
- 1540089
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 1540089.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the appeals for service connection of low back and right knee disabilities due to improper filing deadlines.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
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