The Board finds that the evidence of record supports an initial rating of 10 percent, but no higher, for residuals of a back injury disability throughout the rating period on appeal.
The deciding factor: There is no available evidence that would warrant a rating of 20 percent under any applicable diagnostic code. The Veteran was offered several opportunities to appear for VA examinations that may have proven beneficial to his claim, but he failed to report for scheduled VA examinations.
- Claimed conditions
- Residuals of a back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908215
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 the issues of service connection for residuals of a pelvic injury, back injury, left hip injury, and head injury, as well as the issue regarding whether the injuries were due to willful misconduct.
- Partly granted
The Board reopened the claim for service connection for residuals of a back injury due to new and material evidence but denied it on the merits. The claims for bilateral hearing loss, tinnitus, and traumatic brain injury were all denied.
- Denied
The Board denied the veteran's claim for service connection for residuals of a back injury, finding that the preponderance of the evidence was against establishing a link between the disability and active service.
- Remanded (sent back)
The appeal must be remanded to the RO for further development and consideration of the veteran's claims.
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