The veteran's claim for an increased rating for his low back strain was denied due to failure to report for a VA examination. The Board also found that the veteran's current disc disease is not service-connected as it did not result from or be aggravated by his service-connected low back strain.
The deciding factor: The veteran failed to report for scheduled VA examinations, and there are no medical records showing a nexus between his current disc disease and his service-connected low back strain.
- Claimed conditions
- Low back strain, Disc herniation at L5-S1, L4 disc desiccation, Bulging at L5-S1 with radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2006
- Citation
- 0606229
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.
- Remanded (sent back)
The Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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