The veteran's residuals, status post laminectomy and discectomy at L5-S1 have been manifested by complaints of pain with limitation of motion. The Board finds that the criteria for an initial evaluation in excess of 10 percent are not met.
The deciding factor: The veteran's back condition during exacerbation due to repetitive use is primarily functionally affected by pain, leading to further limitation of motion, decreased endurance and increased fatigability; however, these effects could not be quantified without speculation.
- Claimed conditions
- Residuals, status post laminectomy and discectomy at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 2, 2009
- Citation
- 0900025
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.
- Denied
The Board denied service connection for multiple conditions, including traumatic brain injury (TBI), pain of cervical and cervicothoracic regions, radicular pain and hypoesthesia of left upper extremity, pain and dysfunction of lumbar spine, right sciatic radicular pain, left sciatic radicular pain, right hip pain, left hip pain, right knee pain, left knee pain, post traumatic residual pain of right foot, and bilateral hearing loss.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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