The Veteran's initial claims for increased evaluations for his service-connected degenerative arthritis of the lumbar spine with a bulging disc at L4-5 and scoliosis were denied. The Board found that from June 26, 2003 to September 2, 2009, he did not meet the criteria for an evaluation in excess of 10 percent, and on or after September 2, 2009, he did not meet the criteria for an evaluation in excess of 20 percent. The Veteran's claim for TDIU was also denied.
The deciding factor: The VA examinations conducted during the appeal period did not show any incapacitating episodes of intervertebral disc syndrome or forward flexion of the thoracolumbar spine less than 30 degrees, which are required to meet the criteria for a higher evaluation under the old rating schedule.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine, Bulging Disc at L4-5, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2010
- Citation
- 1029856
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 1029856.
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 the Veteran's claims for service connection for right knee degenerative arthritis and degenerative arthritis of the lumbar spine, finding no clear and unmistakable error in the July 2019 rating decision.
- Granted
The Veteran's initial ratings for degenerative arthritis of the lumbar spine and radiculopathies of both lower extremities have been granted, with effective dates from December 3, 2020, to October 7, 2024.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for neck and back disabilities should be remanded due to insufficient evidence regarding the etiology of his conditions.
- Granted
The Veteran's PTSD and tinnitus are granted service connection, while anxiety is denied. The Veteran's degenerative arthritis of the lumbar spine and right knee patellofemoral pain syndrome do not meet the criteria for service connection.,Service connection for left elbow tendinitis is remanded due to lack of evidence.
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