The Veteran's low back syndrome, strain of the dorsal paravertebral muscles, thoracic facet strain, and dorsolumbar paravertebral myositis are currently rated at 40 percent disabling. The appeal is denied as the criteria for a higher rating have not been met.
The deciding factor: The Veteran's low back disability has been consistently rated at 40 percent since June 4, 2008, which represents the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not show any additional functional loss or impairment that would warrant a higher evaluation.
- Claimed conditions
- Low back syndrome, Strain of the dorsal paravertebral muscles, Thoracic facet strain, Dorsolumbar paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 4, 2017
- Citation
- 1714936
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 1714936.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.
- Granted
The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.
- Granted
The Veteran's TDIU was granted with an effective date of October 17, 2003. The Board found that the evidence did not support a finding of unemployability prior to March 16, 2011.
- Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back disability, including any degenerative arthritis. The examiner is asked to address whether there is radiculopathy related to the lumbar spine disability and determine if it is due to a cervical spine disorder instead. Additionally, the examiner should evaluate whether the service-connected low back syndrome caused or aggravated any other lumbar spine disorders (other than low back syndrome).
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