The Board denied an initial rating in excess of 20 percent for lumbosacral strain with degenerative joint disease, as the Veteran's disability did not more nearly approximate severe limitation of motion or other criteria necessary to warrant a higher rating.
The deciding factor: The Veteran's low back disability was considered moderate based on his range of motion and examination findings. The limitation of motion did not approach severe, and there were no signs of intervertebral disc syndrome or chronic nerve root involvement.
- Claimed conditions
- lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 18, 2009
- Citation
- 0905871
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.
- Partly granted
The Veteran's claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Denied
The Board denied entitlement to a rating in excess of 40 percent for the Veteran's lumbosacral strain with degenerative joint disease, as the evidence did not support a higher rating based on the current severity and functional impairment.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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