The Veteran's initial claim for a low back disability was granted with a 10% rating effective February 4, 2013. The RO later increased the rating to 40% effective November 3, 2022.,The Board denied both requests for higher ratings in June 2020 and again in May 2022.
The deciding factor: The Veteran's low back disability did not meet the criteria for a rating in excess of 10% prior to November 3, 2022 or 40% from that date.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 7, 2023
- Citation
- 23013714
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23013714.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied increased ratings for the Veteran's degenerative joint disease of the lumbar spine, right and left lower extremity radiculopathy, and depressive disorder. However, it granted a total disability rating based on unemployability (TDIU) and special monthly compensation at the housebound rate.
- Denied
The Board denied a disability rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016 to September 15, 2023 and denied a rating in excess of 40 percent from September 16, 2023.
- Granted
The Board has granted service connection for a spine disability and lower extremity radiculopathy as secondary to the Veteran's service-connected knee disabilities. The Veteran was also granted an increased rating of 30 percent for his scars.
- Denied
The Veteran's initial evaluations for DJD of the lumbar spine and radiculopathy of both lower extremities have been denied as they do not meet the criteria for higher ratings under VA rating criteria.
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