The Board denied the veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and right elbow, as the evidence did not support a higher rating based on the current severity of his conditions.
The deciding factor: The veteran's degenerative arthritis of the lumbar spine was manifested by complaints of pain with forward flexion to no less than 80 degrees, while his degenerative arthritis of the right elbow was limited to no more than 130 degrees of flexion and 5 degrees of extension. These findings did not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Degenerative arthritis of the right elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903428
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.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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