The veteran's claim for a disability evaluation greater than 20 percent for spondylolisthesis, L5-S1, radiculopathy, status-post fusion was denied as there is no clinical evidence that the condition has resulted in forward flexion of the cervical spine 15 degrees or less, forward flexion of the thoracolumbar spine 30 degrees or less, or favorable or unfavorable ankylosis of the entire cervical spine, the entire thoracolumbar spine, or the entire spine.
The deciding factor: The lack of clinical evidence supporting a higher disability rating for the veteran's back condition was the deciding factor in denying his claim.
- Claimed conditions
- spondylolisthesis L5-S1, radiculopathy, status-post fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2008
- Citation
- 0814447
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 total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Denied
The Board denied the Veteran's claim for service connection for radiculopathy, as there was no evidence of a current diagnosis of radiculopathy.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for lumbosacral strain with degenerative disc disease, spinal stenosis, IVDS, radiculopathy, and bulging disc to obtain a more thorough medical opinion.
- Denied
The Board denied the veteran's request to restore higher ratings for degenerative disc disease and radiculopathy, finding that the reductions were proper based on medical evidence.
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