The Board denied an increased rating for the Veteran's service-connected lumbar spine disc herniation and spur formation at L4-5 and L5-S1, finding that the most probative evidence showed forward flexion of the thoracolumbar spine to 30 degrees or less.
The deciding factor: The medical evidence did not show ankylosis or incapacitating episodes warranting a higher rating under Diagnostic Code 5243.
- Claimed conditions
- lumbar spine disc herniation, spur formation at L4-5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 27, 2018
- Citation
- 18138640
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 18138640.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied increased evaluations for lumbar spine disc herniation, right lower extremity radiculopathy, and left lower extremity radiculopathy as the evidence did not support ratings higher than 20 percent.
- Remanded (sent back)
The Veteran's claims for increased ratings for his thoracolumbar and cervical spine disabilities are being remanded due to the need for additional medical opinions regarding muscle spasms.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The rating in excess of 40 percent for lumbar spine disc herniation and degenerative joint disease, as well as the ratings in excess of 20 percent for left and right lower extremity lumbar radiculopathy, are all denied.,The Veteran's claim for TDIU was granted. The evidence shows that his service-connected disabilities prevented him from performing the physical acts required for employment.
- Denied
The Veteran's claim for payment or reimbursement of beneficiary travel expenses associated with dental treatment to and from the VAMC in West Haven, Connecticut is denied as he was not entitled to such payments due to VA regulations requiring reimbursement from his points of entry into the United States.
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