The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his degenerative changes of the thoracolumbar spine or left knee DJD prior to October 27, 2015 and from February 1, 2017.
The deciding factor: The VA examinations provided no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings under DCs 5237-5243 and DC 5260 respectively.
- Claimed conditions
- Degenerative changes of the thoracolumbar spine, Left knee degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183481
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.
- Remanded (sent back)
The Board remands the claims for a new VA examination to determine the current level of severity of the Veteran's disabilities.
- Partly granted
The Board denied increased ratings for left and right knee DJD based on limitation of extension, flexion, and instability but granted a separate 10 percent rating for right knee instability effective September 27, 2023.
- Denied
The Veteran's degenerative changes of the thoracolumbar spine were granted a 20% rating from March 27, 2006 to October 6, 2013. The Board found that the condition worsened during his deployment in Iraq and more nearly approximated moderate limitation of motion.
- Remanded (sent back)
The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and SSA disability benefits records. The Veteran will be scheduled for examinations to assess the severity of his service-connected disabilities.
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