The Board denied a claim for higher ratings, finding that the Veteran's post-operative fusion at C5-6 with arthritis and degenerative arthritis of the lumbar spine with left L2-4 radiculopathy did not warrant an evaluation higher than 40 percent.
The deciding factor: The evidence showed mild to moderate reduction in range of motion without persistent neurological symptoms or significant functional impairment, which did not meet the criteria for a higher rating under applicable regulations.
- Claimed conditions
- post-operative fusion at C5-6 with arthritis, degenerative arthritis of the lumbar spine with left L2-4 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905419
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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