The Board has determined that the veteran's service-connected lumbar spine disability does not warrant a higher rating under the applicable schedular criteria, as her symptoms do not meet or approximate the criteria for a higher evaluation. The RO considered an extraschedular evaluation but found no evidence of such exceptional circumstances.
The deciding factor: The veteran's lumbar spine disorder is already rated at its maximum level (60%) and does not meet the criteria for additional schedular ratings based on specific objective manifestations like ankylosis or severe paralysis. The RO considered whether her disability presented an 'exceptional or unusual' picture, but found no evidence of such circumstances.
- Claimed conditions
- lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 28, 2006
- Citation
- 0608855
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.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including a lumbar spine disorder, left elbow disorder, and others, to correct duty to assist errors.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for a lumbar spine disorder due to a need for an additional medical opinion.
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