The Veteran's lumbar spine disability, which includes osteoarthritis and a herniated nucleus pulposus at L5, is currently rated as 40 percent disabling. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with total duration of at least six weeks in the past year.
The deciding factor: The VA examinations did not show any evidence of ankylosis of the lumbar spine, nor were there any associated objective neurologic abnormalities. The Veteran's disability does not meet the criteria for a higher rating under the General Rating Formula for Spine Disorders or Diagnostic Code 5243 (for intervertebral disc syndrome).
- Claimed conditions
- osteoarthritis, lumbar spine with herniated nucleus pulposus, L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2019
- Citation
- 19102608
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
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