The Veteran's low back disability is not shown to be more severe than currently rated at 20 percent, as the evidence does not support a finding of incapacitating episodes or other symptoms that would warrant a higher rating.
The deciding factor: The Board finds that the preponderance of the evidence is against the claim for a rating higher than 20 percent for the low back disability because the Veteran has not experienced incapacitating episodes and his current symptomatology does not more nearly approximate the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- low back disability, status post discectomy, laminectomy, and fusion of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 9, 2009
- Citation
- 0908607
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 claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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