The veteran's initial ratings for low back strain and scar, residual of myomectomy were denied as the evidence did not support higher ratings.
The deciding factor: The evidence did not show that the veteran's back disability limited forward flexion or that there was intervertebral disc syndrome with incapacitating episodes. For the scar, it was asymptomatic and did not result in limitation of function.
- Claimed conditions
- Low back strain, Scar, residual of myomectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901755
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.
- Remanded (sent back)
The Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Remanded (sent back)
The Board remands the matters for the AOJ to provide the Veteran with notice of his right to a pre-decisional hearing before the AOJ.
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