The VA has denied increased ratings for the appellant's service-connected degenerative joint disease of L4-L5, L5-S1 with disc narrowing; fracture of the lateral malleolus of the left fibula; and moderate chronic neck pain. The current evaluations are considered appropriate.
The deciding factor: The preponderance of evidence does not support a higher evaluation for any of the service-connected conditions as there is no objective confirmation of muscle spasm or other neurological findings that would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Degenerative joint disease, L4-L5, L5-S1, with disc narrowing, Residuals of a fracture of the lateral malleolus of the left fibula, Moderate chronic neck pain, moderate degenerative changes, with disc space narrowing and foraminal encroachment at C4-C5, and C5-C6, Residuals, status post right total knee replacement for knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 5, 2001
- Citation
- 0110058
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0110058.
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.
- Denied
The Board denied service connection for multiple conditions, including traumatic brain injury (TBI), pain of cervical and cervicothoracic regions, radicular pain and hypoesthesia of left upper extremity, pain and dysfunction of lumbar spine, right sciatic radicular pain, left sciatic radicular pain, right hip pain, left hip pain, right knee pain, left knee pain, post traumatic residual pain of right foot, and bilateral hearing loss.
- Denied
The appeal for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease, and spinal fusion of the lumbar spine was denied as the Veteran failed to attend a necessary VA examination without good cause shown.
- Dismissed
The Veteran withdrew his appeal for service connection of degenerative joint disease and degenerative disc disease of the thoracolumbar spine, and the Board has no jurisdiction to review this issue.
- Remanded (sent back)
The Veteran's claims for an increased rating and TDIU are remanded due to the need for a VA examination.
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