The Veteran's claim for an increased evaluation for degenerative arthritis of the lumbar spine was denied. The RO found that prior to January 23, 2007, his disability did not meet the criteria for a rating in excess of 20 percent.
The deciding factor: The VA examiner determined that the Veteran's flexion limited to 60 degrees by pain without any associated objective neurologic abnormalities or incapacitating episodes met the criteria for a 20 percent evaluation under Diagnostic Code 5295, but not higher as his disability did not meet the criteria for severe lumbosacral strain with more than just limitation of motion.
- 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
- July 26, 2010
- Citation
- 1027787
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1027787.
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.
- Denied
The Board denied service connection for sleep apnea, as there is no current disability. The issues of entitlement to service connection for bilateral hearing loss, tinnitus, and degenerative arthritis of the lumbar spine are remanded due to inadequate examination reports.
- 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.
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