The veteran's disability rating for lumbar spine spondylolisthesis was reduced from 60% to 40%, but the Board found that restoration of the 60% rating is warranted due to improvement in his range of motion. The total disability rating based on individual unemployability was not terminated as there was no clear and convincing evidence showing actual employability.
The deciding factor: The reduction from 60% to 40% for lumbar spine spondylolisthesis was not supported by a preponderance of the evidence, and restoration is granted due to improvement in range of motion. The total disability rating based on individual unemployability remains as there was no clear and convincing evidence showing actual employability.
- Claimed conditions
- lumbar spine spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 9, 2005
- Citation
- 0515616
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 0515616.
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient opinions regarding whether the Veteran's low back disorder is related to service or caused by his service-connected bilateral foot disability.
- Dismissed
The Board dismissed the claims for an initial disability rating in excess of 10 percent for lumbar and cervical spine spondylolisthesis as moot because they had already been adjudicated.
- Remanded (sent back)
The Board remands the appeal for readjudication due to incomplete compliance with previous remand directives.
- Denied
The Board denied the Veteran's appeal for an increased rating more than 10 percent for lumbar spine spondylolisthesis based on the evidence of record.
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