The veteran's service-connected back disability is manifested by essentially full range of motion of the thoracolumbar spine with subjective complaints of pain; there is no competent evidence of incapacitating episodes of intervertebral disc disease, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or a compensable neurological disorder.
The deciding factor: The veteran's back disability does not meet the criteria for a rating higher than 10 percent as there is no evidence of incapacitating episodes, muscle spasm or guarding, or a compensable neurological disorder.
- Claimed conditions
- postoperative residuals herniated nucleus pulposus lumbosacral spine with thoracic dextroscoliosis T7-8 with residual myofascial syndrome, left shoulder impingement syndrome, status post arthroscopic surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2008
- Citation
- 0809849
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.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
- Partly granted
The Board granted an effective date of February 7, 2020, for the award of a 70 percent rating for unspecified depressive disorder and TDIU, but denied earlier effective dates for other conditions.
- Granted
The Veteran's service-connected headaches were granted a rating of 50 percent, and she was also granted TDIU, DEA, and SMC for the period from March 27, 2017, to August 20, 2017.
- Dismissed
The veteran's appeal for higher ratings for left shoulder impingement syndrome and left upper extremity paresthesia was dismissed due to a late filing.
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