The veteran's service-connected lumbosacral strain with degenerative joint disease is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or muscle spasm or guarding severe enough to result in abnormal gait or abnormal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. No incapacitating events have been shown.
The deciding factor: The veteran's range of motion was noted as forward being to 90 degrees with pain and the end of motion, extension at 20 degrees, right side bending to 35 degrees with pain, left side bending to 40 degrees with pain. There were no evidence of painful motion, muscle spasm, weakness or tenderness.
- Claimed conditions
- lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 17, 2006
- Citation
- 0607824
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's claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Denied
The Board denied entitlement to a rating in excess of 40 percent for the Veteran's lumbosacral strain with degenerative joint disease, as the evidence did not support a higher rating based on the current severity and functional impairment.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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