The Board affirmed a reduction in disability rating from 60 percent to 40 percent for degenerative disk disease of the lumbosacral spine and also affirmed termination of a total disability rating based on individual unemployability. The veteran is alleging CUE in both decisions.
The deciding factor: The June 22, 1989 decision failed to apply specific regulations regarding reduction of disability ratings and termination of TDIU, which could have changed the outcome.
- Claimed conditions
- degenerative disk disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2001
- Citation
- 0106055
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 0106055.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that additional development is needed for the Veteran's claims, including obtaining a medical opinion regarding the etiology of his sleep apnea and conducting VA examinations to assess the severity of his service-connected lumbosacral spine and left lower extremity disabilities.
- Remanded (sent back)
The Veteran's claim for a TDIU is remanded due to the fact that his combined rating does not meet the schedular criteria, but he has been unable to find suitable employment due to service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.
- Remanded (sent back)
The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including Social Security Administration (SSA) records, private treatment records, employment records, and an examination of his service-connected disabilities. The case is being remanded for these purposes.
- Granted
The Veteran's TDIU claim is granted from October 16, 2006 due to his service-connected disabilities resulting in a combined rating of at least 60 percent.
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