The Veteran's low back disability did not meet the criteria for a higher disability rating, and his service-connected disabilities alone did not render him unable to obtain or retain employment.
The deciding factor: The limitation of motion was not severe enough to warrant a higher rating under the applicable diagnostic codes, and the Veteran's disabilities did not preclude him from obtaining or retaining employment.
- Claimed conditions
- herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907241
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 remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Denied
The Board denied a rating greater than 20 percent for the Veteran's lumbar spine disorder, as the evidence did not support forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
- Dismissed
The Veteran withdrew his appeals for increased ratings for herniated nucleus pulposus and a total disability rating based on individual unemployability (TDIU). As a result, the Board dismissed these appeals.
- Remanded (sent back)
The Board has remanded the case for further development to confirm the Veteran's employment history and determine if he is unemployable due to his service-connected disabilities.
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