The Veteran's low back disability, characterized by painful motion on forward flexion to 70 degrees with a combined range of motion (CROM) of 200 degrees and no tenderness or muscle spasms, has been rated at 10 percent since the initial rating period. The Board found that this rating is appropriate given the Veteran's functional limitations but not severe enough for higher ratings.
The deciding factor: The VA examination report showed that the Veteran’s low back disability did not meet criteria for a higher rating as forward flexion was greater than 60 degrees and CROM was greater than 120 degrees, with no additional loss of motion during flare-ups or repetitive use over time.
- Claimed conditions
- lumbar spine degenerative disc (DDD)/degenerative joint disease (DJD) and lumbar spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 17, 2019
- Citation
- 19104170
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
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