The Veteran's service-connected lumbar spine disability is rated at 40 percent disabling, effective October 17, 2015. A separate 30 percent rating for bowel incontinence due to the same condition was granted beginning December 7, 2017.
The deciding factor: The Veteran's service-connected lumbar spine disability has been rated based on its impact on range of motion and associated symptoms such as pain and guarding. The criteria for a higher rating were not met prior to October 17, 2015, when the disability was rated at 40 percent disabling.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 1, 2019
- Citation
- 19123634
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 increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Denied
The Board denied a rating in excess of 10 percent for DJD of the lumbar spine prior January 10, 2022, as the evidence did not show forward flexion greater than 30 degrees but less than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees.
- Denied
The Veteran's lumbar DJD is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's left lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's right lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent from February 19, 2018, and the Board finds no evidence to warrant a higher rating prior to that date.
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