An evaluation greater than 40 percent for degenerative arthritis of the lumbar spine is denied.,An evaluation greater than 20 percent for a left ankle injury, status post-surgical reconstruction, is denied.,TDIU prior to October 30, 2014, is remanded.
The deciding factor: The Veteran's lumbar degenerative arthritis has not met or more nearly approximated the criteria for a rating higher than 40 percent under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran’s left ankle disability has not been shown to have ankylosis, which is required for a higher rating under DC 5271. The highest available rating under this code is 20 percent.,There is evidence suggesting that the Veteran was unable to work due to his service-connected disabilities prior to October 30, 2014.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Left ankle injury, status post-surgical reconstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2019
- Citation
- 19194310
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 19194310.
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 granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
- Denied
The Board denied service connection for a low back disability, neurological impairments of the upper extremities, and dismissed the TDIU claim as moot.
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