The Board denied an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, and denied an initial compensable rating before July 18, 2006, and an initial rating higher than 10 percent from July 18, 2006, for degenerative joint disease and degenerative disc disease of the lumbar spine.
The deciding factor: The Veteran's cervical and lumbar spine disabilities did not meet the criteria for a higher rating based on the evidence of record.
- Claimed conditions
- Degenerative joint disease and degenerative disc disease of the cervical spine, Degenerative joint disease and degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907821
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 restoration of a 20 percent rating for the Veteran's lumbar spine disability, effective May 6, 2024.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative joint disease and degenerative disc disease of the lumbar spine, an effective date earlier than January 26, 2021, for a 60 percent rating for left lower extremity radiculopathy (sciatic nerve), and an initial compensable rating for scar, status post laminectomy.
- Partly granted
The veteran's degenerative joint disease and degenerative disc disease of the lumbar spine did not meet criteria for a rating in excess of 40 percent, but he was granted a separate 10 percent rating for incomplete paralysis of peroneal nerve of the left lower leg.
- Partly granted
The veteran's service-connected DJD and DDD of the lumbar spine is manifested by complaints of pain and no more than moderate functional impairment, accompanied by symptoms compatible with mild neurological deficit in each lower extremity. The Board finds that an initial disability rating in excess of 20 percent for DJD and DDD of the lumbar spine has not been met.
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