The Veteran's claim for a rating in excess of 20 percent for spondylolisthesis L5-S1 & L4 compression fracture, DJD, arthritis lumbar spine was denied. The case is also remanded for further examination and opinion regarding service connection for an unstable right hip and migraine headaches.
The deciding factor: The preponderance of the evidence indicates that the Veteran's service-connected thoracolumbar spine disability has not been manifested by pain-free forward flexion of the forward flexion of the thoracolumbar spine to 30 degrees or less, favorable ankylosis of the thoracolumbar spine, doctor-prescribed bed rest, or any associated objective neurologic abnormalities for which a compensable evaluation is warranted.
- Claimed conditions
- spondylolisthesis L5-S1 & L4 compression fracture, dJD (degenerative joint disease), arthritis lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 8, 2019
- Citation
- 19126549
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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