The Board denied the veteran's claims for an increased evaluation and TDIU due to his service-connected degenerative disc disease L4-L5, finding that the disability did not warrant a rating in excess of 40 percent.
The deciding factor: The majority of nerve conduction examinations were normal, and objective findings on radiologic examination did not explain the veteran's incapacity. The Board concluded that his service-connected lumbar spine disability was not manifested by neurological symptoms which could be separately evaluated, he does not have favorable ankylosis of the thoracolumbar spine, there is no evidence of bedrest prescribed by a medical provider during the pendency of this appeal, and he did not meet any other criterion for an evaluation in excess of 40 percent under either applicable criteria.
- Claimed conditions
- Degenerative disc disease L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 29, 2008
- Citation
- 0829619
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 0829619.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to the need for additional treatment records and VA examinations.
- Denied
The Board denied service connection for degenerative disc disease L4-L5, with spinal stenosis as it did not have its onset in service and is not related to the Veteran's service-connected post-operative pilonidal cyst. The other claims were also denied.
- Granted
The Veteran's lumbar spine disability has been rated at 20 percent since August 2005. The Board finds that a higher rating of 40 percent is warranted for the entire period on appeal due to limited range of motion and pain.
- Remanded (sent back)
The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the schedular requirements for a TDIU. However, due to his employment history and education level, he may be unemployable as a result of his lumbar spine disability on an extraschedular basis.
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