The Board denied a rating in excess of 40 percent for the Veteran's service-connected low back disorder, finding that the evidence did not show unfavorable ankylosis or incapacitating episodes as required for higher ratings.
The deciding factor: The VA examiner found no evidence of unfavorable ankylosis and the Veteran’s symptoms were adequately addressed under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- chronic sprain of the lumbar spine, degenerative joint disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 29, 2020
- Citation
- 20070365
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 left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Remanded (sent back)
The Board remands the claims for further development to ensure that VA substantially complies with its duty to assist the Veteran.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection for DJD of the lumbar spine and trochanteric pain syndrome of both hips due to new and relevant evidence.
- Remanded (sent back)
The Board remanded the veteran's claims for higher disability ratings due to inadequate VA examinations. The veteran will receive new evaluations.
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