The Veteran's lumbar spine degenerative joint disease was rated at 40 percent from October 2, 2012 to the present. The Board found that a higher rating is not warranted as there was no evidence of ankylosis or flexion limited to 30 degrees or less.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine, as he had forward flexion greater than 30 degrees but not greater than 60 degrees.
- Claimed conditions
- lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2019
- Citation
- 19100935
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.
- Denied
The Board denied the veteran's claims for increased ratings for various conditions, including impotence, headaches, cervical spine degenerative joint disease, and peripheral neuropathy of both upper and lower extremities.
- Partly granted
The Board granted a 40 percent disability rating for the lumbar spine disability from January 23, 2015, and denied a higher rating since September 1, 2018.
- Remanded (sent back)
The Board remands the claims for an initial rating higher than 20 percent for lumbar spine degenerative joint disease and a TDIU from December 4, 2021 to February 7, 2024 due to a pre-decisional duty to assist error.
- Partly granted
The Veteran's request for a higher rating than 20% for lumbar spine degenerative joint disease was denied. The claim for total disability based on individual unemployability (TDIU) was dismissed.
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