The veteran's claim for a higher rating for his IVDS of the lumbar spine was denied as there were no incapacitating episodes and the evidence did not reflect severe limitation of motion. His right knee disorder post total right knee arthroplasty was also denied, with a 10 percent deduction for pre-existing disability.

The deciding factor: The veteran's IVDS did not meet the criteria for higher ratings under the old or interim rating criteria as there were no incapacitating episodes and his range of motion was within normal limits. His right knee disorder post total right knee arthroplasty also did not meet the criteria for a higher rating.

Claimed conditions

{"condition_name":"Intervertebral Disc Syndrome (IVDS) of the Lumbar Spine"}, {"condition_name":"Right Knee Disorder, Post Right Total Knee Arthroplasty"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

February 9, 2006

Citation

0603801