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Denied

The veteran's initial ratings for his service-connected conditions have been denied. The RO has assigned a 40 percent rating for discogenic disease, residuals of surgery, lumbar spine; a 10 percent rating for saphenous nerve palsy, left lower extremity; and no compensable rating for basal cell carcinoma, left eyebrow (postoperative).

The deciding factor: The veteran's back disability does not meet the criteria for a higher initial rating as his range of motion is limited to flexion of 5 degrees and extension of 5 degrees. The saphenous nerve palsy is rated at its maximum due to severe paralysis, but no incapacitating episodes have been documented in the past year.

Claimed conditions
Discogenic disease, residuals of surgery, Saphenous nerve palsy, left lower extremity, Basal cell carcinoma, left eyebrow (postoperative)
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
September 21, 2004
Citation
0426082

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 0426082.

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