The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent since October 4, 2019. The condition does not meet criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less.
The deciding factor: The Veteran's degenerative joint disease of the lumbar spine did not exhibit limitation of motion that would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as his range of motion was within normal limits with no additional loss due to repetitive use testing. The condition also does not meet criteria for ankylosis.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 19, 2020
- Citation
- 20067662
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
- Denied
The Veteran's claim for an increased rating for her lumbar spine disability is denied. Her current 40% evaluation remains in effect, effective October 21, 2019.
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