The Veteran's low back disorder is rated at 40 percent from July 1, 2011 to August 15, 2018.,Prior to September 17, 2013, the Veteran’s cervical spine disorder was rated at 10 percent. From September 17, 2013, it is rated at 20 percent.,The Veteran's left knee sprain and right knee strain are each rated at 10 percent from July 1, 2011 to August 15, 2018.,Prior to April 5, 2017, the Veteran is granted a TDIU based on her service-connected disabilities.
The deciding factor: The evidence does not meet the criteria for higher ratings under applicable diagnostic codes and there are no findings of unfavorable ankylosis or incapacitating episodes.
- Claimed conditions
- Thoracolumbar spine degenerative disc disease with herniation (low back disorder), Cervical spine degenerative arthritis (cervical spine disorder), Left knee sprain, Right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 30, 2019
- Citation
- A19000363
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 service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
- Granted
The Board granted service connection for bilateral hearing loss, bilateral tinnitus, facial numbness (Bell's palsy), gastroesophageal reflux disease (GERD), and right knee strain. The claims for a left knee strain, major depressive disorder with anxious distress, cervical neck strain, lumbosacral strain, and bilateral foot disability were remanded.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, and left ankle strain but denied a rating in excess of 20 percent for the service-connected injury to flexors (Group VII) of fingers/thumb, an initial compensable rating for recurrent bronchitis, and service connection for bilateral hearing loss.
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