The veteran's back disability symptoms, both prior to October 16, 1996 and from December 1, 1996 to October 14, 1998, do not more closely approximate moderate limitation of lumbar spine motion than slight limitation of motion, and are not productive of muscle spasm on extreme forward bending, loss of unilateral lateral spine motion in any direction in a standing position, or any recurring attacks of intervertebral disc syndrome. The veteran's back disability symptoms do not approximate pronounced IDS, with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to the site of the diseased disc, and little intermittent relief; they do not approximate unfavorable ankylosis of the entire thoracolumbar spine; and they have not been productive of incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks during the past 12 months. There is no spiral or oblique fracture of the left shaft or anatomical neck of the left femur, with nonunion, and loose motion, or flail left hip joint; and the veteran's left hip disability does not approximate intermediate left hip ankylosis.

The deciding factor: The evidence did not show that the veteran's back disability symptoms more closely approximated moderate limitation of lumbar spine motion than slight limitation of motion, nor did they meet the criteria for a higher rating under other applicable diagnostic codes. The left hip disability was also found to be non-compensable based on the evidence provided.

Claimed conditions

herniated nucleus pulposus, L4-5, postoperative, status post total left hip replacement

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

April 15, 2008

Citation

0812561