The Board denied an extension of a total convalescent rating beyond October 31, 2016, for low back surgery requiring convalescence due to the Veteran's lumbar myositis and bulging disc at L5-S1 with narrowing.
The deciding factor: The evidence did not show that the Veteran required convalescence beyond October 31, 2016, due to his service-connected lumbar myositis and bulging disc at L5-S1 with narrowing.
- Claimed conditions
- lumbar myositis, bulging disc at L5-S1 with narrowing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183740
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 Board granted an earlier effective date of May 14, 2010, for the assignment of a 40 percent disability rating for lumbar myositis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to deficiencies in a previous VA examination and remand directives. The issues include increased ratings for lumbar myositis, radiculopathy of the left lower extremity, and right lower extremity associated with lumbar myositis; discogenic disease, lumbar spine, as well as TDIU and service connection for an acquired psychiatric disability.
- Granted
The Board has determined that the Veteran's current back disability is related to service, and thus granted his claim for service connection.
- Remanded (sent back)
The Board has found that additional development is needed due to new VA treatment records, and the claims are being remanded for further review.
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