The Board denied a higher initial evaluation for the veteran's lumbosacral spine disability, finding that the evidence did not support a rating in excess of 40 percent.
The deciding factor: The evidence did not show unfavorable ankylosis or intervertebral disc syndrome (IDS) with incapacitating episodes having a total duration of at least six weeks during the past year. The veteran's disability was rated under Diagnostic Codes 5235-5242, which do not provide ratings in excess of 40 percent.
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2006
- Citation
- 0636022
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 0636022.
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 (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Dismissed
The appeal for service connection for a lumbosacral spine disability and an acquired psychiatric disability is dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for cervical spine, lumbosacral spine, left lower extremity paresthesia, left upper extremity paresthesia, acquired psychiatric disorder, and headaches as they were not shown to be related to the Veteran's military service.
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