The Veteran's service-connected lumbar spine disability is currently evaluated at 20 percent, and the Board finds no basis to grant a higher rating.,The Veteran's service-connected left knee injury is currently evaluated at 20 percent, and the Board finds no basis to grant a higher rating.
The deciding factor: The evidence does not support an evaluation in excess of 20 percent for DDD and spondylosis of the lumbar spine due to limited forward flexion with pain on motion, but without limitation to 30 degrees or less, ankylosis, or intervertebral disc syndrome (IVDS) with incapacitating episodes.
- Claimed conditions
- Degenerative disk disease (DDD) and spondylosis of the lumbar spine, Left knee injury, status post (s/p) patellar tendon repair and degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 7, 2020
- Citation
- 20000947
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.
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The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After November 25, 2014, he was granted a 30 percent rating for limitation of extension and flexion due to pain.,The Veteran's major depressive disorder did not meet criteria for higher ratings.,For the low back disability, the Veteran received a 40 percent rating based on forward flexion greater than 30 degrees. The Board found no evidence of ankylosis or incapacitating episodes.,ED was denied as there was no deformity of the penis.
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- Remanded (sent back)
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