The Veteran's cervical spine disorder was initially rated at 20 percent prior to May 28, 2019 and denied a higher rating. Since then, he has been assigned a 30 percent disability rating.,For his lumbosacral spine disorder, the Veteran was initially granted a 10 percent initial disability rating which remains unchanged since May 28, 2019.
The deciding factor: The Veteran's cervical spine disorder did not meet the criteria for higher ratings under the General Rating Formula due to lack of forward flexion limited to 15 degrees or less and unfavorable ankylosis. The lumbosacral spine disorder also did not meet the criteria for a higher rating as there were no incapacitating episodes requiring physician-prescribed bed rest.,The Veteran's lumbosacral spine disorder did not meet the criteria for higher ratings under the General Rating Formula due to lack of unfavorable ankylosis. The lumbosacral spine disorder also did not meet the criteria for a higher rating as there were no incapacitating episodes requiring physician-prescribed bed rest.
- Claimed conditions
- Cervical Spine Osteophytes with Degenerative Disc Disease (cervical spine disorder), Lumbosacral Spine Degenerative Disc Disease with Bilateral Neural Foraminal Narrowing at L5-S1 (lumbosacral spine or low back disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003961
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
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