The Board denied an increased rating for the Veteran's low back disability, finding that the evidence did not support a higher evaluation based on the criteria for evaluating diseases and injuries of the spine.
The deciding factor: The clinical findings showed no limitation of thoracolumbar flexion to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine, which are required for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- residuals of a low back injury, degenerative disc disease 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
- 0907072
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.
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- Dismissed
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- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
- Partly granted
The Board granted service connection for tinea capitis, hypertension, and degenerative disc disease of the lumbar spine but denied service connection for sinusitis and urinary tract infections. The claims for PTSD, hearing loss, chest pain, right hip condition, left hip condition, and right knee condition were remanded.
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