The Board found that the criteria for a rating in excess of 10 percent have not been met prior to June 7, 2006, and that a disability rating in excess of 40 percent from June 7, 2006, is also not warranted.
The deciding factor: The evidence does not show forward flexion of less than 60 degrees, a combined range of motion not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour prior to June 7, 2006. For any period after that date, there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring bed rest as prescribed by a physician.
- Claimed conditions
- Low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906744
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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