The Veteran's claim for an evaluation in excess of 10 percent for degenerative joint disease of the thoracolumbar spine (low back disorder) prior to May 27, 2016 was denied. The evidence did not show limitation of forward flexion to 60 degrees or less, a combined range of motion of the thoracolumbar spine to 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or incapacitating episodes having a total duration of at least 2 weeks during a twelve-month period.,The Veteran's claim for an evaluation in excess of 20 percent for low back disorder (including intervertebral disc syndrome) after May 27, 2016 was denied. The evidence did not show limitation of forward flexion to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months, or an associated neurological disability for which a separate rating has not been previously awarded.,The Veteran's claim for an evaluation in excess of 20 percent for gout was denied. The evidence did not show incapacitating exacerbations occurring three or more times a year or manifesting symptom combinations productive of definite impairment of health objectively supported by examination findings.
The deciding factor: The medical evidence did not meet the criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine, Gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19178066
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
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