The February 1996 rating decision that denied a rating in excess of 20 percent for degenerative disc disease of L5-S1 was supported by the evidence then of record and did not contain clear and unmistakable error.
The deciding factor: The Board determined that the RO's decision was not undebatably erroneous, as there was no medical evidence supporting a higher rating at the time of the February 1996 decision.
- Claimed conditions
- Degenerative disc disease of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910005
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 disability rating in excess of 20 percent for degenerative disc disease of L5-S1, finding that the orthopedic manifestations did not warrant a higher rating.
- Denied
The Board denied service connection for degenerative disc disease of L5-S1, lateral ligament sprain of the right knee with right hip and leg pain, and pseudofolliculitis barbae as there was no evidence linking these conditions to the veteran's active military service.
- Denied
The Board has determined that the veteran's disabilities do not meet the criteria for special monthly pension on account of being in need of aid and attendance of another person.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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