The Veteran's claim for a higher rating for his lumbar spine disability prior to May 16, 2011 was granted. On and after that date, the claim was denied as there is no evidence of unfavorable ankylosis or additional functional loss warranting a higher rating. Service connection was established for melanoma of the scalp and skin cancer due to radiation exposure during service, but not for colon polyps, bladder cancer, or sleep apnea.
The deciding factor: The Veteran's lumbar spine disability did not meet criteria for an increased rating as there was no evidence of unfavorable ankylosis. The Board found that his range of motion findings were consistent with a 40% evaluation prior to May 16, 2011 and denied the claim on appeal.
- Claimed conditions
- Minimal narrowing of the 5th lumbar disc space, Back strain (lumbar spine disability), Melanoma of the scalp, Skin cancer (basal cell and squamous cell carcinoma), Colon polyps, Bladder cancer, Obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 18, 2019
- Citation
- 19130577
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 service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Board granted service connection for bladder cancer, diabetes mellitus, type 2, and an acquired psychiatric disability (unspecified depressive disorder), but denied a compensable rating for bilateral hearing loss.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
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