The Veteran's claim for a disability evaluation in excess of 20 percent for degenerative disc disease, status post lumbar fusion was denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 20 percent based on range of motion or incapacitating episodes.
The deciding factor: The Veteran's low back disability did not demonstrate forward flexion to 30 degrees or less, unfavorable ankylosis, or incapacitating episodes totaling at least four weeks over any 12 month period. The evidence considered included the Veteran's complaints of pain and weakness but no additional limitation of motion caused by these factors was found.
- Claimed conditions
- Degenerative disc disease, status post lumbar fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 27, 2020
- Citation
- 20069547
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 appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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