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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 18143259.
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.
- 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.
- 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.
- 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.
- 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.
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