The Veteran's service-connected residuals of a lumbosacral injury, which is rated at 40 percent, does not meet the criteria for an extraschedular rating due to lack of evidence showing marked interference with employment or frequent hospitalization.
The deciding factor: The Veteran has maintained gainful employment throughout his appeal period and there is no evidence of frequent periods of hospitalization related to his service-connected back disability.
- Claimed conditions
- lumbosacral injury, discectomy, laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 28, 2010
- Citation
- 1004361
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 1004361.
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 Veteran's residuals of status post lumbar laminectomy prior to August 16, 2017 were rated at 10 percent and the Board found that a higher rating was not warranted based on the evidence.
- Denied
The Veteran's lumbar spine disability is rated at 10 percent for the period from June 25, 2014 to June 6, 2018.,For the period after June 6, 2018, the Veteran's lumbar spine disability is rated at 20 percent.
- Granted
The Veteran's service-connected lumbar spine disability is rated at 40 percent, effective August 16, 2017. The rating remains unchanged as the evidence does not meet criteria for a higher rating.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected low back disability is remanded due to the need for updated orthopedic evidence and an examination.
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