The Board has granted a 40% evaluation for the veteran's lumbosacral spine degenerative disc disease prior to March 5, 2001. The reduction of his post-operative lumbosacral spine degenerative disc disease from 60% to 40% effective January 1, 2004 was improper. A compensable evaluation for the veteran's chronic right (major) shoulder injury residuals is denied.
The deciding factor: The evidence did not establish any sustained improvement in the veteran's post-operative lumbosacral spine degenerative disc disease and his chronic right (major) shoulder injury residuals have been repeatedly shown to be productive of essentially no actual or functional shoulder impairment.
- Claimed conditions
- lumbosacral spine degenerative disc disease, chronic right (major) shoulder injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 30, 2004
- Citation
- 0427151
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 0427151.
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
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