The Veteran's claim for increases in the 'staged' ratings for his service-connected low back disability was denied. The Board found that the evidence did not support higher ratings based on functional loss due to pain or weakness, fatigability, incoordination, or pain on movement of a joint.
The deciding factor: The Veteran's thoracolumbar spine did not have unfavorable ankylosis and his range of motion was sufficient for him to receive the current 40% rating since June 23, 2019. The Board found that there was no basis for assigning higher ratings based on functional loss.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 29, 2020
- Citation
- 20043651
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 20043651.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.
- Whole decision: Denied
The Veteran's initial evaluations for DJD of the lumbar spine and radiculopathy of both lower extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.
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