The Board has denied a higher rating for the Veteran's degenerative disc disease of the lumbar spine, finding that his forward flexion was not limited to 30 degrees or less and he did not have unfavorable ankylosis. The highest available rating under the applicable criteria is 20 percent.
The deciding factor: The VA examinations showed that the Veteran's forward flexion of the thoracolumbar spine exceeded 30 degrees, including after repetitive use testing.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 13, 2020
- Citation
- 20066065
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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