The Board denied an initial evaluation in excess of 40 percent for the Veteran's service-connected lumbar strain with degenerative changes.
The deciding factor: The criteria for a higher rating were not met as there was no evidence of pronounced intervertebral disc syndrome, incapacitating episodes, or unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- lumbar strain, degenerative changes, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 28, 2010
- Citation
- 1004288
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1004288.
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a need for additional development, including obtaining medical opinions and updated VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
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