The Veteran's claim for increased ratings for his service-connected low back disability was denied because he declined to undergo a necessary VA examination, which found necessary in order to properly evaluate the severity of his condition.
The deciding factor: The Veteran failed to report for a required VA examination, which is a prerequisite for evaluating his service-connected low back disability.
- Claimed conditions
- herniated nucleus pulposus L4-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103756
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103756.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected back disability is rated at 20 percent, and the Board has granted an extraschedular rating for this condition. The Veteran also received a TDIU prior to January 10, 2010.
- Denied
The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy were evaluated, but the claims for increased ratings were denied.
- Denied
The Veteran's service-connected lumbar spine disability has not been manifested by ankylosis, forward flexion of the cervical or thoracolumbar spine to a limited degree, or incapacitating episodes requiring bed rest prescribed by a physician. The appeal is denied as his condition does not meet the criteria for a higher rating under any applicable diagnostic code.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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