The Veteran's low back disability, diagnosed as circumferential disc bulge L4-5 with central canal stenosis and chronic low back pain, status post laminectomy at L5-S1, is rated at 40 percent. The Board finds that the evidence does not support a higher rating.
The deciding factor: The Veteran's symptoms do not meet or approximate the criteria for a disability rating in excess of 40 percent under any applicable diagnostic code.
- Claimed conditions
- circular disc bulge L4-5, chronic low back pain, intervertebral disc syndrome (IVDS), residuals of a laminectomy at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2020
- Citation
- 20070061
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.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded claims for chronic low back pain, upper back pain, right hand disability, left hand disability, headaches, and right knee disability.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
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