The Board denied the Veteran's claim for a rating higher than 20 percent for degenerative arthritis of the lumbar spine, as there was no evidence that the disability resulted in forward flexion of 30 degrees or less; favorable ankylosis of the lumbar spine; or incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks during the past year.
The deciding factor: The September 2007 VA examination found that the Veteran's forward flexion was to 70 degrees with pain, and there were no other findings that would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2009
- Citation
- 0906602
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 Board granted service connection for degenerative arthritis of the lumbar spine, left shoulder, and bilateral plantar fasciitis. The appeal was also granted to reopen a claim for service connection for bilateral hip disability.
- Dismissed
The Veteran withdrew his appeal for special monthly compensation based on the need for aid and attendance due to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for chronic lymphocytic leukemia, degenerative arthritis of the lumbar spine, hypertension, and migraine headaches to correct pre-decisional duty to assist errors.
- Dismissed
The Veteran withdrew all appeals in the 220823-484193 docket prior to the Board's consideration.
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