The Veteran's initial rating for lumbar spine DJD prior to August 5, 2019 was denied. From August 5, 2019 onwards, the Veteran received a higher rating of 40 percent for his disability.
The deciding factor: The VA examiner determined that the Veteran’s lumbar spine DJD did not meet the criteria for an initial rating in excess of 10 percent prior to August 5, 2019 and in excess of 40 percent thereafter.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, IVDS (Intervertebral Disc Syndrome), Spinal Stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 15, 2020
- Citation
- 20003820
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 neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Denied
The Board denied the veteran's claims for increased ratings and a TDIU, finding that the evidence did not support higher disability ratings or total unemployability.
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