The Board denied the veteran's claims for increased ratings for cervical and lumbar spine degenerative disc disease, as well as a TDIU prior to January 19, 2017.
The deciding factor: The evidence did not support a higher disability rating based on the range of motion findings and the lack of ankylosis or other significant functional impairment during flare-ups and with repeated use over time.
- Claimed conditions
- cervical spine degenerative disc disease (DDD), lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061929
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 cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Partly granted
The Board granted service connection for right knee strain, left hip strain, right hip arthritis, and lumbar spine degenerative disc disease as secondary to the Veteran's service-connected chronic iliotibial band syndrome of the left knee. The appeal was denied for service connection for right ear hearing loss.
- Remanded (sent back)
The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
- Dismissed
The appeal for earlier effective dates and initial ratings for service-connected conditions was withdrawn by the Veteran, thus these claims are dismissed.
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