The Board denied the veteran's claims for a higher rating for his lumbar spine condition and service connection for a disorder of his hips, knees, ankles, and feet. The veteran's lumbar spine condition is currently rated at 40 percent, which is the maximum schedular rating available under the old criteria. The Board found that there was no evidence of ankylosis or intervertebral disc syndrome associated with the service-connected low back disability. The VA examiner indicated it is unlikely that the veteran's lower extremity weakness is related to his lumbar spine condition.
The deciding factor: The VA examiner determined that the veteran's lower extremity weakness was more likely due to his unfitness and weight problem, rather than his service-connected lumbar spine condition.
- Claimed conditions
- degenerative joint disease (DJD) of the lumbar spine, disorder of hips, knees, ankles, and feet
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 19, 2008
- Citation
- 0809265
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 0809265.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for bilateral hearing loss and an initial disability rating in excess of 20 percent prior to March 2, 2017, and in excess of 40 percent thereafter for degenerative joint disease (DJD) of the lumbar spine. The evidence did not establish a nexus between current hearing loss or DJD of the lumbar spine and service.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Remanded (sent back)
The Board remands the claims for further development to ensure that VA substantially complies with its duty to assist the Veteran.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection for DJD of the lumbar spine and trochanteric pain syndrome of both hips due to new and relevant evidence.
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