The Veteran's disability rating for herniated disc of the lumbar spine with radiculopathy was reduced from 40% to 20%, but this reduction is not supported by the evidence and is therefore improper.
The deciding factor: The VA examination conducted in August 2007 did not consider the history of the Veteran's condition, which led to a reduction that does not meet regulatory standards for reducing disability ratings.
- Claimed conditions
- Herniated disc, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 1, 2011
- Citation
- 1140473
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 1140473.
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.
- Denied
The Veteran's service-connected herniated disc disorder is currently rated at 40 percent, and the Board finds that an increase in evaluation is not warranted under the current rating criteria.
- Denied
The veteran's claims for increased ratings for residuals of right inguinal hernia, herniated disc L5-S1, and Morton's interdigital neuritis were denied as the evidence did not support a higher rating.
- Granted
The veteran's service-connected low back disability was granted an increased rating of 20 percent effective December 4, 2002. Prior to this date, the condition was rated at 10 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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