The Board found that the reduction from a 40% to a 20% disability rating for the Veteran's service-connected lumbar spine disability was improper and denied both the propriety of the reduction and the claim for an increased rating.
The deciding factor: The evidence did not show such an exceptional disability picture that the available schedular evaluation for the service-connected degenerative disc disease with lumbar strain is inadequate, thus denying the Veteran's claims.
- Claimed conditions
- Degenerative disc disease with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 19, 2009
- Citation
- 0923273
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 0923273.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 decided the first issue and denied a higher evaluation for DDD with lumbar strain. The second issue of service connection for diabetes type 2 as secondary to service-connected disabilities, including obesity as an intermediate step, is remanded due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for his service-connected lumbar spine and lower extremity radiculopathy disabilities due to pre-decisional duty to assist errors. The issues include degenerative disc disease with lumbar strain, left and right lower extremity radiculopathy of the femoral nerve, left and right lower extremity radiculopathy of the sciatic nerve, and TDIU.
- Denied
The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, as he was able to secure and maintain employment in the past.
- Granted
The Veteran's lumbar strain is rated at 20 percent, effective July 10, 2017. The Veteran's radiculopathy of the right lower extremity is rated at 10 percent from August 26, 2005.
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