The Board denied the veteran's claim for a rating in excess of 40 percent for residuals of a fracture of the D-12 vertebra with laminectomy at L4-5, finding that the evidence did not show pronounced intervertebral disc syndrome or incapacitating episodes over the previous year.
The deciding factor: The medical evidence prior to September 23, 2002 did not document symptoms compatible with IVDS (intervertebral disc syndrome), and after September 23, 2002, it did not show any incapacitating episodes or separate ratable neurological manifestations.
- Claimed conditions
- residuals fracture vertebrae D-12, lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 8, 2006
- Citation
- 0638347
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 0638347.
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 claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's service-connected conditions without the use of pain medication and securing the credentials of the VA examiners.
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