The veteran's lumbar spine disability is not entitled to an evaluation in excess of 40 percent, and the left knee disability is not entitled to an increased evaluation in excess of 20 percent.
The deciding factor: The veteran's lumbar spine disability does not meet the criteria for a higher rating due to severe limitation of motion, while his left knee disability does not meet the criteria for a higher rating due to flexion limited to more than 15 degrees and extension limited to less than 20 degrees.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Degenerative joint disease of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905276
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.
- Remanded (sent back)
The Board remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- 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.
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