The Veteran's claim for an increased rating of his service-connected intervertebral disc syndrome (IVDS) with lumbar laminectomy scar was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was considered abandoned due to his failure to submit requested information and forms.
The deciding factor: The Veteran’s IVDS with lumbar laminectomy scar did not meet the criteria for an evaluation in excess of 60 percent under Diagnostic Code 5243, as he had not been diagnosed with unfavorable ankylosis of the entire spine.,The Veteran failed to submit requested information and forms needed to substantiate his claim for a total disability rating based on individual unemployability due to service-connected disabilities.
- Claimed conditions
- intervertebral disc syndrome (IVDS), lumbar laminectomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 17, 2019
- Citation
- 19104114
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.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for several conditions.
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