The Veteran's lumbosacral strain (low back disability) was denied a rating in excess of 20 percent prior to February 19, 2016 and in excess of 40 percent thereafter.,The Veteran's thoracic syrinx (fluid on spinal cord) was not granted an increased rating.,A separate 10 percent rating for radiculopathy of the left lower extremity associated with the lumbosacral strain (low back disability) prior to October 16, 2015 was granted.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under any applicable diagnostic codes due to limited range of motion and lack of ankylosis.,There is no evidence that the Veteran’s thoracic syrinx (fluid on spinal cord) warranted an increased rating.,The Veteran's radiculopathy of the left lower extremity associated with her lumbosacral strain (low back disability) met the criteria for a separate 10 percent rating prior to October 16, 2015.
- Claimed conditions
- lumbosacral strain (low back disability), thoracic syrinx (fluid on spinal cord), radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128254
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings for his thoracolumbar spine and radiculopathy conditions, as well as a separate rating for femoral nerve radiculopathy, to obtain additional medical evidence.
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