The Board found that the proposed reduction from a 40 percent to a 20 percent rating for the service-connected thoracolumbar spine disability was improper due to lack of evidence demonstrating sustained, material improvement in the Veteran's condition under ordinary conditions of life.
The deciding factor: VA regulations require a preponderance of evidence showing actual improvement and reasonable certainty that such improvement will be maintained under ordinary conditions of life.
- Claimed conditions
- Compression fracture of T12 with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 4, 2013
- Citation
- 1318111
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 1318111.
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.
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- Whole decision: Denied
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- Whole decision: Denied
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- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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