The Board denied the Veteran's appeal for an increased rating for degenerative changes of the lumbar spine with low back pain and progressive numbness affecting the left lower extremity, as the disability was found to be manifested by disability tantamount to pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy, with little intermittent relief.
The deciding factor: The decision was based on the severity of the Veteran's lumbar spine condition and its impact on his daily life, which did not warrant a higher rating under the applicable criteria.
- Claimed conditions
- Degenerative changes of the lumbar spine with low back pain and progressive numbness affecting the left lower extremity, Degenerative joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907246
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 claim for a cervical spine disability to obtain an adequate medical opinion addressing both causation and aggravation.
- Denied
The Board denied higher ratings for the Veteran's knee and cervical spine disabilities, finding that the evidence did not support a higher rating under applicable criteria.
- Granted
The Veteran's service-connected degenerative joint disease of the cervical spine has prevented him from securing and maintaining substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) at the housebound rate.
- Denied
The Veteran's service-connected disabilities do not preclude him from securing and following any substantially gainful employment prior to June 14, 2022.
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