The Veteran's initial and increased ratings for his lumbar spine disorder are denied, but he is granted a total disability rating based on individual unemployability due to his service-connected lumbar spine disorder.
The deciding factor: The VA examinations did not provide sufficient evidence of additional functional loss or limitation in range of motion during flare-ups or with repetitive use over time.
- Claimed conditions
- lumbar spine degenerative joint disease, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 20, 2019
- Citation
- 19148133
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.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Dismissed
The veteran's appeal for an earlier effective date for service connection back disorder, as due to clear and unmistakable error (CUE), was dismissed because the appeal request was not timely filed.
- Granted
The Board granted service connection for lumbar degenerative arthritis and intervertebral disc syndrome based on the Veteran's continuous symptoms since service.
- Granted
The Board granted an effective date of August 26, 2021, for the award of service connection for lumbosacral strain and bilateral lower extremity radiculopathy with sciatic nerve involvement.
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