The Veteran's initial evaluation for degenerative disc disease of the thoracolumbar spine with fusion was denied a higher rating, both before and after January 30, 2007.
The deciding factor: The evidence did not show that the Veteran's disability warranted a higher rating under the applicable criteria at any point during the appeal period.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine with fusion, Intervertebral Disc Syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904899
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.
- Partly granted
The Board granted service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
- Partly granted
The Board granted a restored 20% rating for lumbar strain, an increased 40% rating for left lower extremity radiculopathy, and a 40% rating for right lower extremity radiculopathy. The appeal regarding service connection for IVDS was dismissed as moot.
- Partly granted
The Board granted service connection for IVDS, left and right lower extremity radiculopathies (sciatic and femoral nerves), and increased the rating for PTSD and claustrophobia to 70 percent. The right knee condition and erectile dysfunction were remanded.
- Partly granted
The Board granted service connection for diabetes mellitus type 2 and an initial 40 percent rating for IVDS, while denying higher ratings for radiculopathy of the lower extremities, a residual scar, and bilateral foot disability. The effective date for TDIU and DEA benefits was also granted.
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