The veteran's service-connected low back disability is not manifested by unfavorable ankylosis of the entire spine or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months, and therefore, an increased disability rating in excess of 50 percent is not warranted.
The deciding factor: The veteran's low back disability does not meet the criteria for a higher evaluation under the applicable diagnostic codes due to the presence of some motion in the spine and no evidence of unfavorable ankylosis or incapacitating episodes as required by the rating schedule.
- Claimed conditions
- degenerative arthritis of the low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902981
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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Other Board decisions on a similar condition or argued the same way.
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