The Veteran's claim for a higher disability rating for chronic low back strain was denied by the Board, as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The degree of additional limitation reflected by the Veteran’s lay reports and noted functional loss would not result in symptoms more nearly approximating unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- chronic low back strain
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 19, 2020
- Citation
- 20080127
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.
- Dismissed
The veteran withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- Remanded (sent back)
The Board denied an earlier effective date for the award of service connection for a lower back disability and remanded claims for a higher rating, TDIU, and extraschedular consideration.
- Partly granted
The Veteran's claim for a higher initial rating and earlier effective date of service connection for his back disability was partially granted, with a 40 percent disability rating assigned from May 10, 2010. The claim for an earlier effective date was denied.
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