The Veteran's lumbar spine strain with degenerative disc disease is currently rated at 20 percent, which is the maximum schedular rating available. The Board finds that a higher disability rating is not warranted as there is no evidence of forward flexion of the thoracolumbar spine 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.,The Veteran's radiculopathy of the sciatic nerve of the right lower extremity is currently rated at 20 percent, which is also the maximum schedular rating available. The Board finds that a higher disability rating is not warranted as his symptoms are described by the VA examiner as moderate in nature and wholly sensory.
The deciding factor: The Veteran's lumbar spine strain with degenerative disc disease does not meet or approximate the criteria for a higher schedular rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- {"condition_name":"Lumbar Spine Strain with Degenerative Disc Disease"}, {"condition_name":"Radiculopathy of the Sciatic Nerve of the Right Lower Extremity"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147371
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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