The veteran's DJD of both knees, right knee, and left knee were all rated at 10 percent prior to August 23, 2004. Since then, the right knee was rated at 10 percent for extension limited to 10 degrees, but not more than 15 degrees or flexion limited to 45 degrees. The left knee was also rated at 10 percent for similar reasons. The lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5 did not meet the criteria for a compensable rating prior to September 26, 2003. Since then, the cervical spine strain with paramedial herniated nucleus pulposus and impingement was rated as noncompensable due to forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The post-operative residuals of the right shoulder (major) were also rated at a noncompensable level. Finally, the veteran's bronchitis was rated at a noncompensable level prior to February 21, 2008, and since then, it has been rated as noncompensable.
The deciding factor: The veteran's DJD of both knees, right knee, and left knee were all rated at 10 percent prior to August 23, 2004. Since then, the right knee was rated at 10 percent for extension limited to 10 degrees but not more than 15 degrees or flexion limited to 45 degrees. The left knee was also rated at 10 percent for similar reasons. The lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5 did not meet the criteria for a compensable rating prior to September 26, 2003. Since then, the cervical spine strain with paramedial herniated nucleus pulposus and impingement was rated as noncompensable due to forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The post-operative residuals of the right shoulder (major) were also rated at a noncompensable level. Finally, the veteran's bronchitis was rated at a noncompensable level prior to February 21, 2008, and since then, it has been rated as noncompensable.
- Claimed conditions
- Degenerative Joint Disease (DJD) of both knees, Lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5, Cervical spine strain with paramedial herniated nucleus pulposus and impingement, Post-operative residuals of the right shoulder (major), Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 22, 2008
- Citation
- 0832481
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 0832481.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's initial disability rating for bronchitis with asthma is granted at a 60 percent level through December 26, 2023. The rating of 10 percent between December 27, 2023 and November 11, 2025 is denied. A higher rating since November 12, 2025 is also denied.
- Granted
The Veteran's claim for an earlier effective date of January 30, 2018, for the evaluation of bronchitis is granted. The Board found that the Veteran continuously pursued his claims and the AOJ erred in denying the claim based on incorrect appeal form submission.
- Remanded (sent back)
For the period prior to June 3, 2024, a 40 percent evaluation for degenerative disc disease L4-5 (lumbar disability) is granted.,For the entire period on appeal, an evaluation more than 40 percent for a lumbar disability is denied.
- Remanded (sent back)
The Board has determined that there are errors in the decision-making process and requires additional development to ensure compliance with VA's duty to assist. The Veteran is entitled to service connection for various conditions, but further evidence is needed due to missing service records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.