The Veteran's initial claim for increased ratings for his thoracolumbar spine degenerative arthritis and right knee arthritis was denied. For the period prior to July 29, 2019, he is not entitled to an evaluation in excess of 10 percent for his back disability. Beginning July 29, 2019, he is also not entitled to a higher evaluation for his back disability.
The deciding factor: The Veteran's most reduced range of motion testing results during the period prior to July 29, 2019, were demonstrated upon December 2015 VA examination with forward flexion to 80 degrees and a combined range of motion greater than 120 degrees. He did not have guarding or muscle spasm or abnormal spine contour.
- Claimed conditions
- thoracolumbar spine degenerative arthritis, right knee arthritis and patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 18, 2019
- Citation
- 19172321
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 19172321.
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 has granted the Veteran's claim for service connection for a lower back condition, including thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS. The decision finds that the Veteran's current disability is causally related to his military service due to an accident during training in 1963.
- Granted
The Veteran's chronic sinusitis is granted as service connected on a direct basis due to exposure to burn pits during his service in Djibouti.,The Veteran's thoracolumbar spine degenerative arthritis is granted as service connected on a direct basis, related to his time as an aviator and the hard landings he experienced.
- Dismissed
The Board has dismissed the appeals for all claims of service connection, including those for bilateral flat feet, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, right CTS, left CTS, essential tremors, right ankle arthritis, right shoulder arthritis, and left knee arthritis. The appeal of sleep apnea was granted in a July 2024 rating decision.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings due to potential missing treatment records and deficiencies in the VA examinations used. The Veteran will need new disability benefit questionnaires completed, as well as new VA examinations with specific range of motion measurements.
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