The Board denied an initial rating in excess of 10 percent for the service-connected back disability prior to November 25, 2019 and in excess of 20 percent on November 25, 2019 and thereafter. The Board also remanded entitlement to an initial rating in excess of 10 percent for the service-connected right knee degenerative arthritis.
The deciding factor: The evidence did not show that the Veteran's back disability met the criteria for a higher rating based on limitation of motion or incapacitating episodes, nor was there any neurological deficit associated with the condition. The same applied to the right knee degenerative arthritis where no additional functional loss was observed during repetitive use testing.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062817
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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