The veteran's service-connected degenerative joint disease of the lumbar spine does not warrant an initial rating in excess of 20 percent, and his service-connected disabilities do not preclude him from engaging in substantially gainful employment.
The deciding factor: The evidence shows that the veteran's lumbar spine disability is manifested by limitation of motion that does not equate to forward flexion of the thoracolumbar spine 30 degrees or less or to favorable ankylosis of the entire thoracolumbar spine, and his service-connected disabilities do not preclude him from engaging in substantially gainful employment.
- Claimed conditions
- Degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 23, 2008
- Citation
- 0813346
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.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, right and left lower extremity neurological disorders, and right and left hip disabilities as they were not shown to be caused or aggravated by the Veteran's service or a service-connected disability.
- Partly granted
The Board granted an initial evaluation of 20 percent for degenerative joint disease of the lumbar spine prior to December 28, 2010, and denied a rating in excess of 40 percent as of that date.
- Partly granted
The Board granted an earlier effective date of September 14, 2018, for the award of a 40 percent disability rating for service-connected degenerative joint disease of the lumbar spine but denied entitlement to TDIU.
- Denied
The Board denied the veteran's claims for an increased rating and service connection, finding that the evidence did not support a higher disability rating or establish service connection for any of the claimed conditions.
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