The Veteran's lumbar spine disability is rated at 10 percent prior to June 7, 2016, and at 40 percent thereafter. The Board finds the current ratings are appropriate based on the evidence of record.
The deciding factor: The evidence does not show that the Veteran’s lumbar spine condition more closely approximates the criteria for a higher rating in excess of 10 percent prior to June 7, 2016, and in excess of 40 percent thereafter.
- Claimed conditions
- L5 spondylosis, left inferior articular facet of L4 fracture, degenerative joint disease (DJD), intervertebral disc disease (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 6, 2020
- Citation
- 20071957
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 Veteran was granted an initial disability rating of 40 percent for lumbosacral strain, DJD, from December 17, 1997 to June 3, 2022, and the effective date for service connection for bilateral lower extremity radiculopathy was also set at December 17, 1997. However, a higher rating or TDIU was denied.
- Partly granted
The Veteran was granted a 40 percent rating for her lumbar spine disability from August 29, 2018, to August 5, 2020, and TDIU effective May 18, 2019.
- Remanded (sent back)
The claim for service connection for a left knee condition (to include patellofemoral syndrome and DJD) is remanded for readjudication, as new and relevant evidence has been received sufficient to reopen the claim.
- Partly granted
The Board granted readjudication of the service connection claim for a thoracolumbar spine disorder, but remanded the claims for radiculopathy.
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