The Veteran's increased evaluation for degenerative disc disease of the lumbar spine is denied.,Initial evaluations in excess of 10 percent for right and left lower extremity radiculopathy are denied. The initial compensable evaluation for left lower extremity radiculopathy prior to September 19, 2015, and in excess of 10 percent thereafter remains denied.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries to the Spine due to lack of forward flexion or combined range of motion meeting the required thresholds for increased ratings.,There is no evidence of incapacitating episodes, intervertebral disc syndrome, or other neurological findings that would warrant an increase in evaluation. The Veteran's radiculopathy does not meet criteria for a higher rating under the Diagnostic Codes for radiculopathy.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 17, 2019
- Citation
- 19179401
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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