The Veteran's claim for a higher disability rating for his service-connected low back pain status post-fusion with degenerative disk disease (DDD) was denied as the evidence did not show favorable ankylosis of the entire spine, unfavorable ankylosis of the entire thoracolumbar lumbar spine, or incapacitating episodes lasting at least 4 weeks during the past 12 months.
The deciding factor: The Veteran's disability rating for low back pain status post-fusion with degenerative disk disease (DDD) was found to be in accordance with the criteria set forth in the General Rating Formula for Diseases and Injuries of the Spine, as there was no evidence of unfavorable or favorable ankylosis of the thoracolumbar spine or entire spine.
- Claimed conditions
- Low back pain status post-fusion with degenerative disk disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 27, 2020
- Citation
- 20006606
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
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