The Board found that the Veteran's low back disability was not incurred in or aggravated by active military service, and denied service connection for a low back disability. The Board also found that the criteria for an initial disability rating in excess of 10 percent for adjustment disorder with depressed mood from October 24, 2001 to September 14, 2006, and in excess of 30 percent from September 15, 2006, were not met.
The deciding factor: The VA examiner found no relationship between the Veteran's low back disability and his service or an incident in service. The Board also found that the criteria for a higher rating under the applicable diagnostic codes were not met based on the evidence of record.
- Claimed conditions
- Low back disability diagnosed as chronic back pain syndrome with degenerative disk disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0907052
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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