The Board denied a rating in excess of 40 percent for the Veteran's lumbar strain and remanded the issue of entitlement to a separate rating for service connection for radicopathy of the bilateral lower extremities.
The deciding factor: The evidence did not support a higher rating due to the limitation of motion, lack of ankylosis, and no associated neurologic abnormalities.
- Claimed conditions
- Lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 12, 2021
- Citation
- 21062997
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 granted an effective date of October 1, 1973, for the award of service connection for a lumbar spine disability but remanded the issue of entitlement to an initial rating in excess of 10 percent prior to April 4, 2022, and in excess of 40 percent thereafter.
- Granted
The veteran was granted a total rating based on individual unemployability due to a service-connected disability (TDIU) from April 28, 2017, and basic eligibility for Dependents' Educational Assistance (DEA) as well as special monthly compensation (SMC) based on housebound criteria were established from the same date.
- Denied
The Board denied the Veteran's appeal for a total disability rating due to individual unemployability (TDIU) prior to January 7, 2021, as his service-connected disabilities did not render him unable to obtain and secure substantially gainful employment during that period.
- Denied
The Board denied service connection for PTSD and a higher disability rating for lumbar strain, as well as service connection for eczema and a right hip condition.
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