The Board denied an initial rating higher than 20 percent for lumbosacral strain prior to November 19, 2002, and an initial rating higher than 40 percent from that date. For systemic lupus erythematous, the Board also denied an initial rating higher than 60 percent.
The deciding factor: The evidence did not show a severe limitation of motion or other criteria necessary for a higher rating under the applicable diagnostic codes and general rating formula.
- Claimed conditions
- Lumbosacral strain, Systemic lupus erythematous
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902689
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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