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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1230980.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's service-connected herniated disc at L4-5 is now rated at 40 percent effective as of March 13, 2010.
- Whole decision: 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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