The VA determined that the veteran's lower back disability, characterized by degenerative disc disease and arthritis, does not meet the criteria for a higher initial disability rating than 10 percent.
The deciding factor: The VA found that the veteran's range of motion in his thoracolumbar spine was sufficient to warrant only a 10% disability rating due to pain-free forward flexion greater than 60 degrees and combined range of motion greater than 120 degrees, without additional functional impairment.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Degenerative arthritis at the facet joints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 10, 2008
- Citation
- 0842485
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 0842485.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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