The VA denied a higher initial rating for the veteran's degenerative arthritis and disc disease, residuals of a low back injury. The evidence prior to September 23, 2002 did not show IVDS criteria in excess of 20 percent, and since then it has not shown incapacitating episodes or forward flexion of the thoracolumbar spine to 30 degrees or less.
The deciding factor: The medical evidence did not document any qualifying incapacitating episodes due to degenerative arthritis and disc disease during a twelve-month period, nor did it show forward flexion of the thoracolumbar spine to 30 degrees or less.
- Claimed conditions
- degenerative arthritis and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 5, 2008
- Citation
- 0804046
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 0804046.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining complete treatment records from Dr. Akin and Dr. Dolnick, and obtaining medical opinions addressing whether the Veteran's current back disability was caused by wear and tear during service or aggravation of a preexisting scoliosis.
- Denied
The Board has denied the Veteran's claim for a disability rating greater than 20 percent for service-connected cervical strain with degenerative arthritis and disc disease, finding that the evidence does not support an increase in rating.
- Granted
The Board has granted service connection for degenerative arthritis and disc disease of the lumbar spine, but denied service connection for sinusitis and hepatitis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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