The Veteran's claims for increased ratings were denied. The Board found that the evidence did not show unfavorable ankylosis of the lumbar spine or current neurological impairments other than service-connected sciatica, and thus no higher rating could be granted.
The deciding factor: The criteria for a higher rating based on limitation of motion have already been met with the current 40 percent rating assigned since October 2015. Ankylosis was not demonstrated in this case.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine with spondylosis, Sciatica of the right leg, Sciatica of the left leg, Tricompartmental osteoarthritis of the right knee, Symptomatic removal of cartilage of the right knee, Tricompartmental osteoarthritis of the left knee, Symptomatic removal of cartilage of the left knee, Right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069453
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.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The Board dismissed the appeals for a compensable rating for bilateral hearing loss, an increased rating for tinnitus, service connection for vertigo, and service connection for a right ankle disability due to untimely VA Form 10182 submissions without good cause shown.
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