The Veteran's service-connected low back disability is currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.
The deciding factor: The VA examiner found no additional limitation in range of motion during flare-ups or after repetitive use over time and did not find ankylosis. The Veteran's disability does not meet the criteria for a higher rating under any applicable diagnostic code.
- Claimed conditions
- lumbosacral strain (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 23, 2019
- Citation
- 19105350
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.
- Partly granted
The appeal was denied for an evaluation in excess of 10 percent for tinnitus and a compensable rating for right lower extremity radiculopathy, while other claims were remanded.
- Denied
The Board denied the veteran's claims for increased ratings and earlier effective dates, as well as remanded several service connection claims.
- Partly granted
The Board denied service connection for coronary artery disease and irregular heartbeat, granted a 40 percent initial rating for low back disability, and denied an increased rating for left knee disability. The Board also granted a 20 percent initial rating for bilateral dry eye syndrome.
- Denied
The Board denied service connection for sleep apnea and denied initial ratings higher than 20 percent for a left shoulder strain and higher than 10 percent for a low back disability. The issues of entitlement to service connection for radiculopathy of the right and left lower extremities were remanded.
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