The Veteran's degenerative disc disease, lumbosacral spine was not shown to meet the criteria for a higher rating prior to August 13, 2008. The reduction from 20% to 10% effective October 1, 2010 was proper.
The deciding factor: The Veteran's low back disability did not demonstrate forward flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reduced lordosis, or abnormal kyphosis.
- Claimed conditions
- Degenerative disc disease, lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 20, 2012
- Citation
- 1239793
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 1239793.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including arteriosclerotic heart disease and PTSD, preclude him from securing or maintaining substantially gainful employment.
- Granted
The Board granted an effective date of August 24, 2009, for the award of service connection for degenerative disc disease, lumbosacral spine, left lower extremity mild sciatic radiculopathy, and right lower extremity mild sciatic radiculopathy. An earlier effective date was denied for the scar associated with degenerative disc disease of the lumbosacral spine.
- Denied
The Board denied an effective date prior to January 10, 2008 for the grant of service connection for degenerative disc disease, lumbosacral spine and also denied revision or reversal of the October 20, 2008 rating decision based on Clear and Unmistakable Error (CUE).
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for degenerative disc disease, lumbosacral spine due to a lack of consideration of all relevant evidence and an inadequate medical opinion.
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