The Board denied higher evaluations for the Veteran's service-connected lumbar spine intervertebral disc degeneration and cervical spine DDD, finding that the current ratings of 20 percent are appropriate based on the evidence showing no limitation of motion or ankylosis.
The deciding factor: The medical evidence did not show any additional functional impairment due to pain or other factors, and the Veteran's flexion was at worst 60 degrees, which is within the range for a 20 percent rating.
- Claimed conditions
- lumbar spine intervertebral disc degeneration, degenerative disc disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 29, 2020
- Citation
- 20081423
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.
- Dismissed
The veteran's appeal was denied as the Board Appeal request was not timely filed within one year of the rating decisions issued on August 17, 2022, November 16, 2022, July 7, 2023, November 3, 2023, December 12, 2023, and March 14, 2024.
- Remanded (sent back)
The Board remanded the claim for service connection of a cervical spine disability. The Veteran's service treatment records are silent as to neck pain, and the Board found the medical opinions inadequate.
- Remanded (sent back)
The Board remanded the Veteran's claims for an increased disability rating and TDIU due to inadequate examinations and missing medical opinions.
- Denied
The Board denied a rating in excess of 20 percent for lumbosacral strain degenerative arthritis of the spine with intervertebral disc syndrome prior to January 16, 2021 and greater than 40 percent thereafter.
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