The veteran's lumbosacral disability was found to be manifested by disc protrusion and mild stenosis at L2-3; a small disc protrusion at L4-5 with an annular tear, ligament hypertrophy, and mild stenosis; and a disc osteophyte complex at L5-S1 abutting the nerve root with decreased disc spacing. The Board concluded that the criteria for an increased initial rating were not met.
The deciding factor: The veteran's range of motion was limited but did not meet the criteria for higher ratings, and his functional impairment was consistent with a 40 percent rating.
- Claimed conditions
- lumbosacral strain, myositis, disc protrusion, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813556
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.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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