The Veteran's claim for a rating in excess of 20 percent for residuals, herniated nucleus pulposus, status post laminectomies was denied. The disability is currently rated at 20 percent and the evidence does not support an increase.
The deciding factor: The VA examinations did not show any ankylosis or incapacitating episodes of IVDS, and the Veteran's range of motion was greater than 30 degrees but less than 60 degrees. The functional impact observed by the examiner did not warrant a higher rating based on the current record.
- Claimed conditions
- residuals, herniated nucleus pulposus, status post laminectomies
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 3, 2020
- Citation
- 20000405
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 the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Granted
The veteran's kidney disease, including cancer and residuals, is service-connected as secondary to their diabetes.
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