The Veteran's claims for increased ratings for his lumbar spine and lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating based on the severity of the disability.
The deciding factor: The evidence did not show ankylosis, forward flexion limited to 30 degrees or less, or at least four weeks of incapacitating episodes during the appeal period.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Radiculopathy, right lower extremity, Radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 17, 2020
- Citation
- 20067367
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.
- Remanded (sent back)
The Board remands the matter of entitlement to specially adapted housing for a VA examination to determine the current severity of the Veteran's service-connected disabilities.
- Partly granted
The Board granted service connection for degenerative arthritis of the spine, spinal fusion, and spondylolisthesis and a total disability rating based on individual unemployability due to service-connected disabilities.
- 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.
- Dismissed
The appeal was dismissed as a timely substantive appeal to the October 2017 rating decision was not received.
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