The Board denied higher initial ratings for status post fusion of L4-L5-S1 and radiculopathy of the left lower extremity on an extraschedular basis.
The deciding factor: The Veteran's disability picture is contemplated by the rating criteria, thus no extraschedular rating is warranted.
- Claimed conditions
- Status post fusion L4-L5-S1, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2010
- Citation
- 1023864
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 1023864.
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 an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Denied
The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) for the period from August 29, 2014, to June 16, 2019.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
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