The Veteran's lumbar spine disability was rated at 20 percent disabling since February 1, 2014. The Board denied a higher rating as the evidence did not show forward flexion of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's disability did not meet the criteria for a higher rating under Diagnostic Code 5242, which requires either forward flexion of the thoracolumbar spine to be 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 18, 2020
- Citation
- 20074058
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 Board granted an initial rating of 40 percent for degenerative arthritis of the lumbosacral spine, but denied higher ratings for left and right lower extremity radiculopathy.
- Dismissed
The veteran withdrew his appeal for service connection for degenerative disc disease and degenerative arthritis of the lumbosacral spine as secondary to achilles tendinopathy of the left foot.
- Dismissed
The appeal for service connection for degenerative arthritis of the lumbosacral spine was dismissed due to an untimely Notice of Disagreement.
- Partly granted
The Board granted an effective date of June 1, 2008, for the award of service connection for recurrent subluxation of the right knee and January 11, 2021, for a 20 percent rating for degenerative arthritis of the lumbosacral spine, while denying an initial compensable rating for right knee surgical scars.
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