The Veteran's lumbar spine disability was previously rated at 20 percent from March 3, 2015 to January 3, 2020 and increased to 40 percent effective January 3, 2020. The Board finds that the evidence does not support a higher rating for any period.
The deciding factor: The Veteran's lumbar spine disability has been rated based on limitation of motion and IVDS criteria. However, there is no evidence showing forward flexion limited to 30 degrees or less at any point during the appeal period.
- Claimed conditions
- lumbar degenerative disc disease with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 29, 2020
- Citation
- 20070319
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.
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The veteran's lumbar degenerative disc disease with arthritis does not warrant a rating in excess of 40 percent. The claims for service connection for bilateral lower extremity radiculopathy secondary to the low back disorder are remanded for further development.
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