The Board denied an initial rating in excess of 20 percent for the veteran's service-connected degenerative joint disease (DJD) of the lumbar spine, L5-S1, based on aggravation.
The deciding factor: The medical evidence did not show that the veteran's low back disability was manifested by forward flexion limited to 30 degrees or less, more than moderate limitation of motion, severe lumbosacral strain with listing of the whole spine, or ankylosis. Additionally, a separate compensable evaluation for radiculopathy of the right lower extremity attributable to the service-connected DJD was not warranted.
- Claimed conditions
- Degenerative joint disease (DJD) of the lumbar spine (L5-S1)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2009
- Citation
- 0901450
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
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