The Board denied the veteran's increased rating claims for DJD of the lumbar, thoracic, and cervical spines as there is no evidence showing that his service-connected disabilities require frequent hospitalization, are unusual, or cause marked interference with employment.
The deciding factor: The VA medical records do not show any evidence of pronounced intervertebral disc syndrome, unfavorable ankylosis of the entire spine, incapacitating episodes of disc disease requiring bedrest by a physician, or separately ratable neurological impairment for the veteran's service-connected lumbar and thoracic spines.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Disc disease of the thoracic and cervical spines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2006
- Citation
- 0629589
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 0629589.
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 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.
- Denied
The Veteran's lumbar DJD is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's left lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's right lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent from February 19, 2018, and the Board finds no evidence to warrant a higher rating prior to that date.
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