The Veteran's low back disability with radiculopathy warrants a single 40 percent rating throughout the initial rating period.
The deciding factor: The limitation of motion of the Veteran's low back has more nearly approximated moderate than severe, and there have been no incapacitating episodes requiring bed rest prescribed by a physician for at least 6 weeks during any 12-month period.
- Claimed conditions
- Low back disability with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 19, 2009
- Citation
- 0910346
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 claims for service connection for a low back disability with radiculopathy and bilateral knee/leg disabilities, as well as increased ratings for his service-connected bilateral hearing loss and PTSD. The claim for TDIU was remanded.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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