The veteran's lumbosacral spine strain with degenerative disc disease and left lower extremity sciatica do not warrant a rating in excess of 20 percent, and the right shoulder tendinitis and impingement with degenerative joint disease of the acromioclavicular joint was not incurred in or aggravated by active service.
The deciding factor: The veteran's low back disability has been characterized by pain and flexion limited to 44 degrees at worst (when considering complaints of pain), while his right shoulder condition was not shown in service or for many years thereafter, and has not been shown by competent medical evidence to be etiologically related to his active service.
- Claimed conditions
- lumbosacral spine strain with degenerative disc disease and left lower extremity sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903622
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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