The Board denied a rating in excess of 10 percent prior to September 10, 2020 and for a rating in excess of 40 percent from that date for the Veteran's lumbar spine disability. The Board also remanded issues related to right knee disabilities.
The deciding factor: The evidence did not support a higher rating due to the degree of limitation of motion and absence of ankylosis, and the criteria for intervertebral disc syndrome based on incapacitating episodes were not met.
- Claimed conditions
- Chronic low back strain status post fractures of the left transverse processes of L1, L2, and L3 with arthritis and intervertebral disc syndrome, Right knee degenerative arthritis and popliteal cyst, residuals of repaired meniscal tear, Right knee, residuals of meniscal tear for symptomatic removal of semilunar cartilage, Right knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000622
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 a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Partly granted
The Board granted a 30 percent rating for right knee instability and a 20 percent rating for painful and/or limited motion of the right knee, but denied a higher rating for degenerative arthritis of the right knee.
- Denied
The Board denied ratings in excess of 10 percent for the veteran's left hamstring and right knee conditions, as well as a TDIU claim.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
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