The veteran's claim for a rating in excess of 60 percent for his service-connected intervertebral disc syndrome was denied, as the evidence did not support an increase beyond the current 60 percent rating.
The deciding factor: The objective and probative medical evidence demonstrated that the veteran's IVDS was manifested by tenderness, spasm, painful, and severe limitation of motion with subjective complaints of pain and stiffness commensurate with pronounced IVDS, without clinical evidence of vertebral fracture with spinal cord involvement or requirement for long leg braces; nor was there evidence of unfavorable ankylosis of the entire spine.
- Claimed conditions
- Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2008
- Citation
- 0816773
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 degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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