The veteran's low back strain with DDD is currently rated at 40 percent, effective August 4, 1999. The Board found that the evidence did not meet the criteria for a higher rating.
The deciding factor: The veteran's disability manifested by severe intervertebral disc syndrome (IVDS) was evaluated under the revised criteria of DC 5243, which requires incapacitating episodes having a total duration of at least 6 weeks during the past 12 months to warrant a 60 percent rating. The evidence did not show such an occurrence.
- Claimed conditions
- low back strain with degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2006
- Citation
- 0602290
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
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