The Veteran's degenerative joint disease of the lumbar spine did not meet the criteria for a higher evaluation prior to September 30, 2009 or from September 30, 2009 onwards.
The deciding factor: The VA examinations and other medical evidence do not show that the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or a combined range of motion of the thoracolumbar spine not greater than 120 degrees prior to September 30, 2009. From September 30, 2009 onwards, there is no evidence showing that the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine to 30 degrees or less.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2010
- Citation
- 1042863
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 1042863.
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 Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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