The VA has determined that the veteran's lumbar degenerative disc disease does not warrant a rating higher than 40 percent, as his disability is manifested by severe limitation of motion and severe lumbosacral strain.
The deciding factor: The medical evidence shows that the veteran's back disability is characterized by severe limitation in range of motion and severe lumbosacral strain, which corresponds to a 40 percent rating under the former Diagnostic Codes 5292 and 5295. There are no findings or symptoms indicating more than severe limitation.
- Claimed conditions
- lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2006
- Citation
- 0600275
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.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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