The Board has determined that the veteran's service-connected back disability does not warrant a higher rating than the current 40 percent evaluation.
The deciding factor: The evidence did not support the veteran's contentions of more severe symptoms and therefore, the current 40 percent rating under Diagnostic Code 5293 is maintained.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 20, 2002
- Citation
- 0202582
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 0202582.
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 for additional development, including obtaining a VA examination to address the nature and etiology of his tinnitus claim, as well as determining the current severity of his service-connected right shoulder bursitis. The AOJ must also consider whether staged ratings are appropriate in light of Hart v. Mansfield.
- Granted
The Board has granted a 60 percent evaluation for the veteran's post-operative low back injury with degenerative disc disease of the lumbosacral spine, effective from September 23, 2002.
- Denied
The Board found that the veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, thus denying his claim for special monthly compensation.
- Granted
The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for degenerative disc disease of the lumbosacral spine with radiculopathy. The veteran's low back disability is being reviewed de novo.
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