The Veteran's claim for a higher initial rating of 40 percent for degenerative joint disease of the lumbar spine, and separate ratings for right knee flexion limitation (10%) and extension limitation (10%), are granted. The Veteran also received a TDIU effective October 6, 2009.
The deciding factor: The evidence showed that the Veteran's degenerative joint disease of the lumbar spine resulted in forward flexion limited to 30 degrees with painful motion at 25 degrees during flare-ups, warranting a higher rating than the current 10 percent. The right knee disability was found to have flexion limited to 130 degrees and extension normal, meeting the criteria for separate ratings of 10 percent each.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Right Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 7, 2023
- Citation
- 23037641
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 23037641.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
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