The Board found that the veteran's intervertebral disc syndrome of the lumbar spine did not meet or approximate the criteria for a schedular evaluation in excess of 40 percent.
The deciding factor: The VA examinations and medical reports showed moderate limitation of motion but no severe limitation, with neurologic manifestations including atrophy of the right lower extremity. Incapacitating episodes requiring bed rest were not shown.
- Claimed conditions
- intervertebral disc syndrome of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2006
- Citation
- 0603457
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.
- Partly granted
The Board granted a total disability rating based on individual unemployability due to service-connected disabilities, but denied an increased rating for the unspecified trauma and stressor related disorder.
- Denied
The Veteran's initial compensable rating for his service-connected back scar is denied. The reduction of his service-connected intervertebral disc syndrome (back disability) from 40% to 20% is upheld, and a higher rating for the disability is denied.
- Granted
The Board has determined that the veteran's service-connected intervertebral disc syndrome of the lumbar spine warrants an initial 40 percent evaluation, effective from April 1997.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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