The Veteran's degenerative disc disease of the lumbosacral spine does not warrant a rating in excess of 20 percent, and his psychiatric disability was not incurred in or aggravated by active service.
The deciding factor: The evidence did not show that the Veteran's low back disability had resulted in any incapacitating episodes requiring bed rest, nor was it productive of more than moderate limitation of motion. For the psychiatric claim, a chronic psychiatric disorder clearly and unmistakably preexisted the Veteran's entrance into service, but there was no permanent increase in severity during military service.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine, Psychiatric disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2009
- Citation
- 0909119
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.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board denied higher initial ratings for the Veteran's psychiatric and right shoulder disabilities, but granted SMC based on aid and attendance as of February 9, 2023.
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