The Veteran's initial claim for a higher rating for lower back disability was granted, and he is now receiving a 20 percent rating effective July 9, 2003. The Board has determined that the evidence does not support an increased rating prior to March 9, 2016, but a rating of 40 percent or higher since then is denied.
The deciding factor: The evidence did not show severe limitation of motion, muscle spasm, severe lumbosacral strain, intervertebral disc syndrome (IVDS), or incapacitating episodes that would warrant an increased rating to 40 percent under the revised criteria for back disability.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 22, 2019
- Citation
- 19104889
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 19104889.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the claims for service connection for left knee and lower back disabilities due to incomplete information about the Veteran's duty status during his periods of active service in the National Guard and Reserves.
- Granted
The Board has granted service connection for the Veteran's lower back disability, finding that it is etiologically related to his in-service duties of lifting heavy equipment.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for lower back disability, migraine headaches, fibromyalgia, CFS, and PTSD due to lack of a current diagnosis. The appeal is now remanded for further development.
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