The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 22, 2010 and in excess of 20 percent from October 22, 2010.
The deciding factor: The clinical evidence did not show flexion or combined range of motion to less than 60 degrees or severe enough muscle spasm resulting in abnormal gait or spinal contour for a higher rating. The Veteran's disability picture most closely approximated the criteria for a 10 percent prior to October 22, 2010 and a 20 percent from that date.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165174
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19165174.
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 a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
- Partly granted
The Board granted a 40 percent rating for degenerative joint disease of the lumbosacral spine and a separate 10 percent rating from March 21, 2016 to October 20, 2024 for right lower extremity radiculopathy associated with the service-connected lumbosacral spine condition. The claim for an increased rating for the right shoulder acromioclavicular separation was denied.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings and effective dates, as well as a TDIU claim, due to additional evidence received after the last SOC and the need for an updated examination.
- Dismissed
The Board has dismissed the appeal as the appellant's representative requested withdrawal of the appeal due to the AOJ granting a TDIU.
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