The veteran's lumbosacral disability is primarily manifested by forward flexion of the thoracolumbar spine of 45 degrees, with no evidence of ankylosis or incapacitating episodes.
The deciding factor: The range of motion findings 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 Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- Left hemilaminectomy with degenerative disc disease, Bilateral hip pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2009
- Citation
- 0902375
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 bilateral hip pain, GERD, supraventricular tachycardia/atrial fibrillation, and peripheral artery disease as secondary to the Veteran's service-connected mechanical low back pain with degenerative disc disease and spinal stenosis.
- Granted
The Board granted service connection for bilateral hip pain and right knee instability, both secondary to lumbar degenerative disc disease, left knee disabilities, and lower extremity radiculopathy.
- Denied
The Veteran's service connection claims for multiple joint pain, including as due to an undiagnosed illness or other qualifying chronic disability pursuant to 38 U.S.C. § 1117, and shoulder and hip pain have been denied because the evidence does not support a finding that these conditions are related to his military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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.