The Veteran's lumbar spine disability was granted a 20% evaluation prior to December 29, 2008 and a 40% evaluation from June 1, 2009, to February 17, 2010, and from February 18, 2010, to April 28, 2016. The claim for an increased rating since April 29, 2016 is denied.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher evaluation as it did not result in forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis during these periods.
- Claimed conditions
- lumbar spine degenerative disc disease, spinal stenosis, spinal disc herniation, degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2019
- Citation
- 19105275
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.