The Veteran's claim for an increased rating in excess of 40 percent for degenerative arthritis of the low back was denied. The appeal will be further reviewed as part of a REMAND process.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes due to the service-connected low back disorder, which precluded higher ratings under the applicable rating criteria.
- Claimed conditions
- Degenerative arthritis of the low back
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2010
- Citation
- 1039933
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 1039933.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for earlier effective dates for increased disability ratings for her neck and low back disabilities. The RO must obtain retrospective opinions discussing the severity of her disabilities prior to November 2020.
- Granted
The Veteran's degenerative arthritis of the low back is rated at 40 percent, but no higher, effective September 11, 2006.,An increased rating of 40 percent for radiculopathy of the left lower extremity from February 20, 2019 forward has been granted.,An increased rating of 40 percent for radiculopathy of the right lower extremity from February 20, 2019 forward has also been granted.
- Denied
The Board denied service connection for degenerative arthritis of the low back and left knee disorder, finding no link between these conditions and any in-service events.
- Granted
The Veteran's service-connected degenerative arthritis of the low back is granted an increased evaluation to 40 percent prior to July 2, 2015.
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