The Board denied the claims for increased ratings as there was no evidence of severe limitation of motion or other factors that would warrant a higher rating.
The deciding factor: The decision was based on the preponderance of the evidence not supporting a finding of moderate or greater limitation of motion in either the lumbar or cervical spine, and the lack of evidence showing marked interference with employment or frequent hospitalization.
- Claimed conditions
- chronic lumbosacral strain with degenerative arthritis, degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908200
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 16, 2014, as the evidence did not show that he was precluded from securing or following substantially gainful employment.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Granted
The Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, fibromyalgia, and a skin disability but granted service connection for left lower extremity radiculopathy (sciatica) as secondary to service-connected lumbar strain and an initial 10 percent disability rating for essential tremors.
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