The Veteran's claims for increased ratings and service connection were denied, with no new and material evidence found to reopen previously denied claims.
The deciding factor: The evidence did not support a higher rating due to the lack of significant functional impairment or objective neurologic abnormalities. The claimant failed to file a timely notice of disagreement regarding the February 2004 decision, making it final.
- Claimed conditions
- Lumbar disc herniation, L5-S1 with low back strain, Right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911411
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 service connection for a neck disability and a back disability, but denied service connection for BPPV. The right lumbar radiculopathy was also granted as secondary to the back disability.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right lumbar radiculopathy, and left ankle lateral collateral ligament sprain.
- Partly granted
The Board granted an initial 30 percent rating for the cervical spine disability from September 16, 2010 to July 5, 2021 and a 40 percent rating from June 25, 2013 to July 5, 2021. The lumbar spine disability ratings were denied.
- Denied
The Board denied service connection for a low back disorder, finding that the current diagnoses are not related to an in-service injury and exposure.
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