The veteran's claims for increased ratings for lumbar spine arthritis with spinal stenosis and nerve involvement of the right lower extremity were denied as the evidence did not support a higher rating.
The deciding factor: The evidence showed that the veteran's back disability was manifested by some painful limitation of motion, but his remaining functional range of motion was better than 30 degrees of flexion. The nerve involvement in the right lower extremity caused no more than mild incomplete paralysis.
- Claimed conditions
- thoracolumbar arthritis with spinal stenosis, postoperative, nerve involvement, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2009
- Citation
- 0900393
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
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