The Veteran's lumbar DJD is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's left lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating.,The Veteran's right lower extremity radiculopathy associated with DJD of the lumbar spine is currently rated at 40 percent from February 19, 2018, and the Board finds no evidence to warrant a higher rating prior to that date.
The deciding factor: The Veteran's lumbar DJD was found to have forward flexion of the thoracolumbar spine limited to 10 degrees with pain on motion. The examiner noted functional loss due to pain, weakened movement, excess fatigability and lack of endurance during flare-ups.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Radiculopathy of the left lower extremity associated with DJD of the lumbar spine, Radiculopathy of the right lower extremity associated with DJD of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20068108
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation 20068108.
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 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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.