The Board denied an increased evaluation for the Veteran's postoperative residuals of spinal fusion of L4-S1, with pathology between L4 and L5, and radiculopathy of the right lumbosacral plexus, as the evidence did not support a higher rating under the applicable criteria.
The deciding factor: The evidence did not show that the Veteran's spine disorder was manifested by functional loss beyond that already contemplated in the currently assigned 60 percent evaluation, which is the maximum schedular evaluation for each revision of the pertinent rating criteria.
- Claimed conditions
- postoperative residuals of spinal fusion of L4-S1 with pathology between L4 and L5, radiculopathy of the right lumbosacral plexus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907637
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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