The claims for increased ratings for lumbar strain with spasm, degenerative disc disease, intervertebral disc syndrome, disc herniation and L-5, S-1 microdiscectomy, radiculopathy of the left lower extremity (sciatic nerve), and radiculopathy of the right lower extremity (sciatic nerve) were denied due to the Veteran's failure to report for scheduled VA examinations without good cause.
The deciding factor: The claims were denied because the Veteran failed to attend scheduled examinations in February 2023 without providing good cause, which is a violation of his duty to assist in the development of his claim under 38 C.F.R. § 3.655.
- Claimed conditions
- lumbar strain with spasm, degenerative disc disease, intervertebral disc syndrome, disc herniation and L-5, S-1 microdiscectomy, radiculopathy, left lower extremity (sciatic nerve), radiculopathy, right lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2025
- Citation
- A25032103
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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