The Veteran's lumbar DJD is rated at 20 percent effective May 12, 2016. The decision also grants separate ratings for his associated lower extremity radiculopathy.
The deciding factor: The disability picture most nearly approximates a 20% rating due to muscle spasm and guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
- Claimed conditions
- lumbar degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 7, 2019
- Citation
- 19144184
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an increased rating of 40 percent for lumbar degenerative joint disease but remanded the claim for a total disability rating based on individual unemployability.
- Partly granted
The Veteran's service-connected back disability was granted a 40 percent evaluation, but no higher, for the entire period on appeal.
- Remanded (sent back)
The Board has remanded six issues of service connection for various knee and hip conditions, as well as arthritis in the left foot. The reasons include insufficient evidence to determine if the pre-existing lumbar spine disorder was aggravated by service or if the left foot arthritis is related to a vehicle accident during service.
- Remanded (sent back)
The Board has determined that new examinations are needed for the Veteran's cervical spine, lumbar spine, and bilateral knee disabilities due to functional loss not being described in terms of range of motion. The TDIU issue is also remanded as it is inextricably intertwined with the increased rating claims.
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