The Board denied an initial disability rating in excess of 10 percent for degenerative disc disease and degenerative joint disease of the lumbar spine due to insufficient evidence of limitation of motion more nearly approximating forward flexion of 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.
The deciding factor: The Board found that the preponderance of the evidence was against an initial rating in excess of 10 percent for a lower back disability, considering the Veteran's reported symptoms and functional loss due to pain but noting it did not result in limitation of motion more nearly approximating forward flexion of 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.
- Claimed conditions
- Degenerative disc disease and degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061683
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
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