The Board denied the Veteran's claim for an evaluation in excess of 40 percent for traumatic degenerative disc disease with bilateral radiculopathy, as there was no evidence of incapacitating episodes having a total duration of at least six weeks during the previous 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or more than moderately severe incomplete paralysis of the sciatic nerve.
The deciding factor: The decision was based on the lack of evidence supporting the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- degenerative disc disease with bilateral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907928
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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