The Veteran's claim for increased evaluations for DDD of the lumbar spine was denied. The evaluation from April 5, 2007 to July 27, 2009 was denied as it did not meet the criteria for a higher than 10 percent rating. The evaluation beginning July 27, 2009 was also denied as it did not meet the criteria for a higher than 20 percent rating.
The deciding factor: The medical evidence did not show forward flexion of the thoracolumbar spine limited to 60 degrees or less, combined thoracolumbar spine motion limited to 120 degrees or less, muscle spasm or guarding severe enough to result in abnormal gait, spinal contour or kyphosis, ankylosis, or incapacitating episodes of IVDS lasting two weeks or more.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185491
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.
- Denied
The Board denied the veteran's claims for a higher rating for degenerative disc disease of the lumbar spine and an earlier effective date for total disability based on individual unemployability.
- Denied
The Board denied an effective date prior to January 10, 2024, for the grant of service connection for degenerative disc disease of the lumbar spine.
- Denied
The Board denied the claim for increased rating for degenerative disc disease of the lumbar spine, both prior to and from December 2, 2019.
- Granted
The Board granted an initial disability rating of 40 percent for degenerative disc disease (DDD) of the lumbar spine.
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