The Board has determined that the Veteran's claims for increased ratings for his degenerative joint disease of the lumbar spine and cervical spine have been denied as they do not meet the criteria for a higher rating under the applicable VA rating schedule.
The deciding factor: The Veteran’s range of motion testing did not show any limitation in flexion or extension that would warrant a higher rating, nor was there evidence of ankylosis. The Board considered DeLuca and found no additional functional loss due to pain or other symptoms.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 10, 2013
- Citation
- 1315444
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 1315444.
What this means for you
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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 degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- 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.
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