The Board denied increased ratings for lumbosacral strain and degenerative disc disease of the cervical spine, as well as an earlier effective date for the 40 percent evaluation for lumbosacral strain.
The deciding factor: The evidence did not show unfavorable or unfavorable ankylosis of the spine, nor did it support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's lumbar and cervical spine disabilities do not warrant referral to the Under Secretary for Benefits or the Director of the Compensation and Pension Service for consideration of the assignment of an extraschedular rating.
- Claimed conditions
- Lumbosacral strain, Degenerative disc disease of the cervical spine, C2-C6
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905525
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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