The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating due to lack of evidence of forward flexion of the thoracolumbar spine being 30 degrees or less.
The deciding factor: The VA determined that there was no evidence showing forward flexion of the thoracolumbar spine at 30 degrees or less, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2020
- Citation
- 20003240
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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