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, and excess fatigability during repetitive use over time.
- 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
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.
- Denied
The Board denied a rating in excess of 10 percent for DJD of the lumbar spine prior January 10, 2022, as the evidence did not show forward flexion greater than 30 degrees but less than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees.
- Denied
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.
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