The Veteran's lumbar spine disability was denied increased ratings, with the April 13, 2010 rating being granted based on findings from a VA examination.
The deciding factor: The April 2010 VA examiner found the Veteran had forward flexion of 10 degrees and other limited motion, resulting in a 40% disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- paravertebral fibromyositis, discogenic disease with herniated nucleus pulposus at the L4-L5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2018
- Citation
- 18143259
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 18143259.
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: Remanded (sent back)
The Veteran's appeal is being remanded to the RO for further development and consideration of his claims, including addressing the issues on three distinct rating periods and the issue of TDIU prior to August 21, 2008.
- Whole decision: Granted
The veteran's schizophrenia is presumed to have been incurred during service, and he was granted service connection for PTSD. His back disability has been rated at 20 percent since June 17, 1996.
- Whole decision: Denied
The veteran's service-connected low back disability alone does not preclude him from gainful employment, as he is only restricted to light work duty status and requires frequent breaks. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied.
- Whole decision: Granted
The Board has determined that the veteran's lumbosacral strain with secondary paravertebral fibromyositis warrants a rating of 40 percent, which is higher than his current 20 percent rating.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.