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.
The deciding factor: The Veteran’s lumbar spine disability does not meet the criteria for a higher evaluation under the General Rating Formula or IVDS Formula due to lack of incapacitating episodes and unfavorable ankylosis.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of the Left Lower Extremity, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2020
- Citation
- 20069210
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.
- Denied
The Board denied an increased rating for PTSD, a TDIU prior to July 13, 2019, and increased ratings for the lumbar spine disability and radiculopathy of the left lower extremity.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease with spinal stenosis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.
- Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
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