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Denied

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

Veterans Law Judge

R. F. WILLIAMS

Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 0809849.

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