The Veteran's claims for increased ratings and TDIU were denied. The Board found that the AMC/RO did not consider whether extra-schedular consideration was warranted, did not reconcile conflicting medical opinions regarding limitation of motion, and failed to obtain SSA records and treatment records from Fort Rucker and Federal agencies.
The deciding factor: The decision is based on the failure to comply with remand instructions and the lack of proper development in relation to the Veteran's claims for increased ratings and TDIU.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2011
- Citation
- 1146144
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 1146144.
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.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Granted
The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.
- Denied
The Veteran's initial evaluations for DJD of the lumbar spine and radiculopathy of both lower extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.
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