The Board denied the veteran's appeal for an initial rating in excess of 10 percent for a lumbar spine disability, finding that the evidence did not support a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
The deciding factor: The Veteran's lumbar spine disability was found to be limited to forward flexion of 80 degrees and a combined range of motion of 165 degrees, with no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. There were also no incapacitating episodes as defined by the rating criteria.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003184
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 claim for a back condition to be addressed with a new, adequate medical opinion.
- Partly granted
The Board granted a 20 percent rating from July 21, 2021, for the Veteran's spine disability and remanded the issue of entitlement to a rating in excess of 20 percent.
- Dismissed
The appeal is dismissed due to the Veteran's election of a higher-level review, which precludes concurrent Board review.
- Partly granted
The Board granted earlier effective dates for the award of service connection for right and left lower extremity radiculopathy, effective October 11, 2007, and increased the disability rating for lumbar spine disability to 40 percent, effective September 26, 2018.
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