The veteran's service-connected lumbar spine disability is not rated higher than 40 percent, and his right knee strain with arthritis does not meet the criteria for service connection.
The deciding factor: The evidence did not support a higher rating based on incapacitating episodes of intervertebral disc syndrome or neurological manifestations like bowel or bladder impairment. The veteran's symptoms were primarily pain and decreased sensation in both legs.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Herniated nucleus pulposus L5-S1, Right knee strain with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 15, 2006
- Citation
- 0604368
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0604368.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted a 40 percent rating for lumbosacral strain with spinal stenosis, but no higher. The claim for an increased rating for right knee strain with arthritis was denied.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Granted
The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.
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