The Veteran's claim for a higher rating for his lumbar spine disability prior to July 17, 2019 is denied as the evidence does not show that his forward flexion was less than or equal to 60 degrees.
The deciding factor: The objective range of motion testing showed thoracolumbar forward flexion greater than 60 degrees but not greater than 85 degrees prior to July 17, 2019, which meets the criteria for a 10% rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative disc disease, Spondylosis with L5-S1 spondylolisthesis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 20, 2019
- Citation
- 19187846
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 appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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