The veteran's lumbar disc disease, status post discectomy and fusion has been primarily manifested by pain on use with flexion at approximately 75 degrees. The RO denied an increased rating for the period from February 3, 2005 to February 26, 2008.
The deciding factor: The veteran's disability did not meet the criteria for a higher evaluation as his orthopedic manifestations do not include ankylosis of any part of the lumbar spine and he does not have a diagnosis of intervertebral disc syndrome.
- Claimed conditions
- lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 5, 2008
- Citation
- 0842018
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 0842018.
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