The Board denied a higher rating for the veteran's service-connected residuals of lumbosacral fusion, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.
The deciding factor: The preponderance of the evidence is against an evaluation in excess of 40 percent for the veteran's lumbosacral fusion due to lack of pronounced intervertebral disc syndrome, incapacitating episodes having a total duration of at least six weeks during the past 12 months, residuals of a vertebral fracture, or ankylosis.
- Claimed conditions
- lumbosacral fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2006
- Citation
- 0605144
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0605144.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claims for increased ratings and earlier effective dates were dismissed as he withdrew them. The claim of entitlement to a TDIU was granted.
- Denied
The VA determined that the veteran's service-connected degenerative disc disease, status post lumbosacral fusion, does not warrant an evaluation in excess of 20 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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