The Board denied a rating in excess of 20 percent for the veteran's status-post laminectomy at L5-S1, as the evidence did not show forward flexion to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks during the appeal period.
The deciding factor: The veteran's back disability did not meet the criteria for a higher rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Incapacitating Episodes due to the lack of evidence showing forward flexion to 30 degrees or less, favorable ankylosis, or incapacitating episodes with a total duration of at least four weeks.
- Claimed conditions
- tricompartmental osteoarthritis of the right knee, status-post laminectomy of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815810
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0815810.
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.
- Dismissed
The Board has dismissed the appeal as all claims have been withdrawn by the appellant.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating for his right knee condition and for a temporary total evaluation due to his service-connected ACL and MMT repair. The claims are being returned to the RO for further adjudication.
- Granted
The Veteran's radiculopathy of the left lower extremity is granted as secondary to his service-connected status-post laminectomy of L5/S1. The issue of a higher rating for the status-post laminectomy and TDIU are remanded.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran with appropriate specialists to determine the current severity of his unspecified depressive disorder and bilateral tricompartmental osteoarthritis.
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