The Board denied the Veteran's claim for a non-initial disability rating, in excess of 40 percent, including consideration for an extraschedular rating, for his back disability. The criteria for a higher rating were not met as the Veteran did not have unfavorable ankylosis of the entire or thoracolumbar spine.
The deciding factor: The Veteran's service-connected back disability was rated at 40 percent under Diagnostic Code 5242 and the criteria specifically provided for ratings based on limitation of motion of the spine including due to pain and other orthopedic factors. The symptomatology and impairment caused by his service-connected back disability is also specifically contemplated by the schedular rating criteria.
- Claimed conditions
- Back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 27, 2019
- Citation
- 19150483
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.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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