The Board denied the veteran's claims for service connection for lumbar intervertebral disc syndrome and a rating in excess of 20 percent for residuals of a left fibula fracture, as there was no evidence that the low back condition was caused or aggravated by the service-connected ankle injury.
The deciding factor: The lack of medical evidence linking the veteran's low back condition to his service-connected ankle disability, combined with the veteran's failure to report for a scheduled examination, led to the denial of both claims.
- Claimed conditions
- lumbar intervertebral disc syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2009
- Citation
- 0902328
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 initial disability rating higher than 40 percent for lumbar intervertebral disc syndrome, degenerative arthritis, degenerative disc disease, spondylosis with moderate-severe foraminal spinal stenosis and scoliosis to obtain a retrospective medical opinion addressing the severity of the Veteran's lumbar spine disability from August 24, 2012, to June 24, 2020.
- Granted
The Board granted a temporary total disability rating (TTDR) for convalescence following the Veteran's March 2022 back surgeries through September 30, 2022.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) due to service-connected disabilities that exceed the requirements for SMC based on regular aid and attendance.
- Denied
The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.
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