The Board denied both the veteran's increased evaluation for his lumbar spine disorder and a total rating for compensation purposes based on individual unemployability.
The deciding factor: The evidence did not support an increase in disability evaluation beyond 40 percent, which is the maximum schedular rating available for severe intervertebral disc syndrome with recurring attacks and intermittent relief. The veteran's service-connected disabilities were found to be sufficient to render him unemployable without regard to his age or any nonservice-connected disorders.
- Claimed conditions
- lumbar spine degenerative disc disease with radiculitis, left knee anterior cruciate ligament tear residuals with degenerative joint disease, right knee anterior cruciate ligament tear residuals with meniscectomy residuals, cervical spine degenerative disc disease with radiculitis, post-concussion syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 21, 2002
- Citation
- 0204829
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 0204829.
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.
- Denied
The Board denied service connection for post-concussion syndrome, migraine headaches, and benign paroxysmal positional vertigo (BPPV) as these conditions clearly and unmistakably preexisted the Veteran's active duty service and were not permanently worsened beyond their natural progression by such service.
- Remanded (sent back)
The Board remands the claims for service connection for headaches and post-concussion syndrome to schedule a VA examination due to missing service treatment records.
- Granted
The veteran's claim for service connection of obstructive sleep apnea (OSA) as secondary to major depressive disorder with anxious distress and post-concussion syndrome has been granted. The evidence was balanced, but the benefit of the doubt was given to the veteran.
- Remanded (sent back)
The Board remanded the claim for service connection of post-concussion syndrome because the Veteran was not given a VA examination to determine if her symptoms were related to this condition. The case will be reviewed again with new evidence.
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