The Veteran's claim for a rating in excess of 10 percent for lumbar spine degenerative joint disease prior to March 18, 2019 was denied as the evidence did not show forward flexion less than 60 degrees or combined range of motion less than 120 degrees.,The Veteran's claim for a rating in excess of 20 percent for lumbar spine degenerative joint disease since March 18, 2019 was denied as the evidence did not show forward flexion to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.,The Veteran's claim for a rating in excess of 10 percent for left knee laxity associated with left knee osteoarthritis was denied as there was no objective evidence of subluxation or dislocation, and instability testing was negative.,The Veteran's claim for restoration of a 10 percent rating for left knee laxity/instability was granted due to improvement in the condition.
The deciding factor: The preponderance of the evidence did not show forward flexion less than 60 degrees or combined range of motion less than 120 degrees, which is required for a higher rating under Diagnostic Code 5242.,The Veteran's left knee laxity was found to be slight and there was no objective evidence of subluxation or dislocation. The instability testing was negative.,There was improvement in the Veteran's condition as indicated by the examiner stating that there was more laxity in the patella, which is not considered a significant finding for rating purposes.
- Claimed conditions
- lumbar spine degenerative joint disease, left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142296
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.
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- Partly granted
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- Granted
The Board granted service connection for bilateral knee, bilateral shoulder, low back and bilateral hip disabilities based on the evidence showing that these conditions are related to the Veteran's active military service.
- Remanded (sent back)
The appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
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