The Board denied a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with spinal stenosis and a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities on a schedular basis.
The deciding factor: The Veteran's low back disability did not meet the criteria for a higher rating or TDIU as his symptoms were not severe enough to warrant such ratings.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001691
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.
- Dismissed
The appeal for higher ratings for degenerative arthritis of the lumbar spine with spinal stenosis, and right knee degenerative arthritis was withdrawn by the Veteran.
- Remanded (sent back)
The Board has determined that the reduction in ratings for the Veteran's service-connected lumbar spine and cervical spine disabilities was improper, and the original ratings are restored. The issues of entitlement to increased ratings and TDIU remain pending.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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