The Veteran's initial ratings for spinal fusion and spondylosis of thoracolumbar spine with stable T12 compression fracture, radiculopathy of right lower extremity, and radiculopathy of left lower extremity have been denied as his conditions do not meet the criteria for higher disability ratings under VA rating criteria.
The deciding factor: The Veteran's spinal fusion and spondylosis did not result in forward flexion of the thoracolumbar spine to less than 60 degrees, combined range of motion to 120 degrees or less, abnormal gait or muscle spasm resulting in abnormal contour, ankylosis, or incapacitating episodes of intervertebral disc syndrome (IVDS).
- Claimed conditions
- Spinal fusion and spondylosis of thoracolumbar spine with stable T12 compression fracture, Radiculopathy of right lower extremity, Radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 8, 2019
- Citation
- 19126503
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.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities did not prevent him from securing or maintaining a substantially gainful occupation.
- Denied
The Veteran's PTSD was rated at 70 percent prior to January 22, 2018. The Board found that the evidence did not support a higher rating.
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