The Veteran's claim for an increased disability rating for his lumbar spine DJD, DDD, and spinal stenosis was denied as the evidence did not show unfavorable ankylosis of the entire spine or thoracolumbar spine. The case is remanded to determine if there were any incapacitating episodes.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating based on unfavorable ankylosis, as he did not provide evidence of such condition during his VA examination in September 2019. The case is remanded to determine if there were any incapacitating episodes.
- Claimed conditions
- lumbar spine DJD, lumbar spine DDD, spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 14, 2020
- Citation
- 20003213
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 service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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