The Board granted a 40 percent rating for status post lumbar fusion, L4-L5, with Tarlov cysts and denied a compensable evaluation for scar, status post left inguinal hernia repair.
The deciding factor: The veteran's back condition was found to be more severe than previously rated, while the scar did not meet criteria for a compensable rating.
- Claimed conditions
- status post lumbar fusion, L4-L5, with Tarlov cysts, scar, status post left inguinal hernia repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2009
- Citation
- 0903353
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Partly granted
The Veteran's appeal for specially adapted housing and an automobile allowance was granted, while the claims for special monthly compensation based on aid and attendance and compensable ratings for lower extremity radiculopathies were denied.
- Remanded (sent back)
The Board remands the matters of an initial compensable rating for hemorrhoid and service connection for a scar, to include as secondary to the Veteran's service-connected hemorrhoid disability due to inadequate VA examination and missing medical records.
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