The Veteran's service-connected lumbar spine DDD with IVDS and myelopathy, as well as his bilateral lower extremity radiculopathies, are currently rated at 40 percent. The Board found that the evidence did not support a higher rating due to lack of ankylosis or prescribed bedrest during any calendar year.
The deciding factor: The Veteran's lumbar spine DDD with IVDS and myelopathy does not meet the criteria for an increased rating as it does not demonstrate unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating. The evidence also did not show that he had 6 weeks of prescribed bedrest during any calendar year.
- Claimed conditions
- Degenerative Disk Disease (DDD) lumbar spine with intervertebral disc syndrome (IVDS) and myelopathy, Radiculopathy of left lower extremity, Radiculopathy of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 27, 2019
- Citation
- 19150240
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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