The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show that he had forward flexion limited to 60 degrees or less, combined ranges of motion limited to 120 degrees or less, or abnormal gait or contour resulting from muscle spasms. The current effective date is null.
The deciding factor: The Veteran's lumbar spine disability was evaluated under the General Rating Formula for Diseases and Injuries of the Spine due to lack of incapacitating episodes of intervertebral disc disease (IVDS) requiring prescribed bed rest, ankylosis, or other criteria. The evidence did not show that he had flexion limited to 60 degrees or less, combined ranges of motion limited to 120 degrees or less, or abnormal gait or contour resulting from muscle spasms.
- Claimed conditions
- Low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 17, 2019
- Citation
- 19104493
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 Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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