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
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.
- 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.
- Denied
The Board denied a rating in excess of 10 percent for DJD of the lumbar spine prior January 10, 2022, as the evidence did not show forward flexion greater than 30 degrees but less than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees.
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