The Board denied the veteran's claim for an increased disability rating and TDIU, as the evidence did not support a higher rating or unemployability due to his service-connected lumbar spine disorder.
The deciding factor: The medical evidence showed pain and severe limitation of motion with occasional muscle spasm, but it was determined that the veteran's sole service-connected disability, rated 40 percent disabling, did not render him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2009
- Citation
- 0902668
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.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including a lumbar spine disorder, left elbow disorder, and others, to correct duty to assist errors.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for a lumbar spine disorder due to a need for an additional medical opinion.
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