The veteran's claim for an evaluation in excess of 40 percent as of March 19, 1998 was denied. The medical evidence did not show incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The medical evidence did not meet the criteria for a higher rating under either the old or new rating criteria due to lack of incapacitating episodes and no unfavorable ankylosis of the lumbar spine.
- Claimed conditions
- Low back disorder with left leg pain, status post L4-L5 laminectomy, L5 radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 5, 2008
- Citation
- 0818667
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 0818667.
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 Veteran's anemia, erectile dysfunction, tachycardia, thrombocytopenia, L5 radiculopathy of the left and right lower extremities, major depressive disorder, panic disorder, somatic symptom disorder, and lumbar strain and degenerative disc disease are all found to be caused by his service-connected acute myeloid leukemia (AML).,The Veteran's fatigue is not considered a separate disability from his AML-related conditions.
- Denied
The Veteran's L5 radiculopathy of the left lower extremity has been rated at 60 percent since February 2014. The Board found that his symptoms do not meet or approximate complete paralysis, and thus denied an increased rating beyond this level.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded for further development, including scheduling a VA examination and clarifying the Veteran's desire to continue his appeal.
- Granted
The Board has determined that the evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service, thus restoring service connection for degenerative joint disease of the lumbar spine. The same reasoning applies to the restoration of service connection for osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, and L5 radiculopathy of the left lower extremity.
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