The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbar spine disability from June 13, 2009 to August 28, 2016 was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating based on limitation of motion and intervertebral disc syndrome with incapacitating episodes.
The deciding factor: The Veteran's lumbar spine disability did not result in forward flexion to 30 degrees or less, nor did it have at least 4 weeks of total duration of incapacitating episodes during the past 12 months. The rating assigned was based on limitation of motion and pain, which are already considered in the current schedular criteria.
- Claimed conditions
- spondylosis with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 8, 2020
- Citation
- 20065615
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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