The Veteran's claim for increased evaluations for lumbosacral spine, IVDS with DDD is denied. Prior to December 14, 2018, the evaluation was denied as it did not meet the criteria for a higher rating. Beginning December 14, 2018, the evaluation remains denied due to lack of findings of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The medical evidence does not show that the Veteran's lumbosacral spine disability met the criteria for a higher evaluation prior to December 14, 2018, and it did not meet the criteria for a higher evaluation beginning December 14, 2018.
- Claimed conditions
- lumbosacral spine, intervertebral disc syndrome (IVDS) with degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187533
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.
- Remanded (sent back)
The Board remands the claims for further development and to ensure that all relevant evidence is properly considered.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his service-connected lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU. The reasons include the need for updated examinations due to potential worsening of the conditions.
- Denied
The Board denied the Veteran's claims for service connection for a lumbosacral spine disability and an increased rating for his left ankle disability, including on an extraschedular basis. The Board found that there was no evidence to support the Veteran's assertions of in-service injury or current disability related to active service.
- Granted
The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.
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