The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent rating from February 3, 2011, and denied higher ratings for earlier periods.
The deciding factor: The evidence showed that the Veteran’s lumbar spine disability manifested as forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees beginning June 2, 2006. This did not meet the criteria for a higher rating under Diagnostic Codes 5237-5242.
- Claimed conditions
- lumbosacral or cervical strain, degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 30, 2020
- Citation
- 20081694
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 service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board granted service connection for left hand and right hand essential tremors, as well as increased ratings for knee instability, degenerative arthritis of the spine, and degenerative arthritis of the right ankle. The appeal was denied for a left ankle disability.
- Remanded (sent back)
The Board remands the matter for further development to clarify the Veteran's employment status during the appeal period and determine if a TDIU is warranted.
- Denied
The Board denied the claim for service connection for scoliosis and found that the reduction in the combined disability rating for bulging discs in the lumbar spine, lumbosacral strain, degenerative arthritis of the spine, and spondylosis from 40 percent to 10 percent was proper.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.