The Veteran's degenerative arthritis of the lumbar spine with scoliosis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence.
The deciding factor: The Veteran’s range of motion for his lumbar spine was found to be limited, but did not contribute to functional loss. The examiner noted mild pain during palpation which was consistent with the arthritis, but no additional loss in function from repetitive use testing.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 25, 2019
- Citation
- 19149420
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.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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