The VA denied the veteran's claim for an increased disability rating for his service-connected lumbar myositis; discogenic disease at L2-L3, L3-L4, L4-L5, and L5-S1, as it did not meet the criteria for a higher rating.
The deciding factor: The veteran's disability approximates severe limitation of motion of the lumbar spine but does not meet the criteria for more than a 40 percent rating due to lack of pronounced intervertebral disc syndrome (IDS) with sciatic neuropathy and characteristic pain, absent ankle jerk, or other neurological findings appropriate to the site of the diseased disc.
- Claimed conditions
- lumbar myositis, discogenic disease at L2-L3, L3-L4, L4-L5, and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 5, 2006
- Citation
- 0609856
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.
- Granted
The Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to deficiencies in a previous VA examination and remand directives. The issues include increased ratings for lumbar myositis, radiculopathy of the left lower extremity, and right lower extremity associated with lumbar myositis; discogenic disease, lumbar spine, as well as TDIU and service connection for an acquired psychiatric disability.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Remanded (sent back)
The Veteran's back disability is being remanded for further development, including a VA examination to determine the nature and severity of his service-connected conditions.
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