The Veteran's claim for a rating in excess of 40 percent prior to January 31, 2010 was denied. The reduction from 40 percent to 20 percent effective February 1, 2010 is also denied.
The deciding factor: The evidence did not show improvement warranting an increase in the disability rating and the reduction from 40 percent to 20 percent as of February 1, 2010 was improper.
- Claimed conditions
- Herniated disc at L4-5, Degenerative changes of the lumbar spine at L3-4
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 10, 2012
- Citation
- 1230980
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 1230980.
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.
- Granted
The Board found that the Veteran's current low back disorder, including degenerative disc disease L5-S1 and herniated disc at L4-5, was aggravated by his service-connected instability of the right knee.
- Remanded (sent back)
The Board has determined that further development is needed to determine the nature and etiology of the Veteran's right leg conditions, including whether they are related to service.
- Granted
The Veteran's service-connected herniated disc at L4-5 is now rated at 40 percent effective as of March 13, 2010.
- Granted
The Board granted a 60 percent rating for thoracolumbar spine degenerative disc disease and separate 10 percent ratings for lower extremity radiculopathy. The Veteran's claim for TDIU was also granted.
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