The Veteran's claim for a rating in excess of 10 percent for his lumbar sprain with degenerative disc disease (DDD) was denied. A separate 10 percent rating for radiculopathy of the left lower extremity is granted, effective May 12, 2010. The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was also denied.
The deciding factor: The VA examinations did not find forward flexion of the thoracolumbar spine to be less than or equal to 60 degrees and no muscle spasm, guarding, or localized tenderness resulting in abnormal gait or spinal contour. The Veteran's back disability does not meet the criteria for a higher rating.
- Claimed conditions
- {"condition_name":"Lumbar Sprain with Degenerative Disc Disease (DDD)"}, {"condition_name":"Radiculopathy of the Left Lower Extremity"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 3, 2019
- Citation
- 19100658
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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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