The Veteran's appeal for restoration of a 40 percent disability rating for his thoracolumbar spine disability from September 1, 2010 was granted. The reduction in the disability rating was improper due to inadequate evidence at the time of the reduction.
The deciding factor: Reduction of the disability rating was not supported by a preponderance of the evidence showing improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- status post traumatic compression fracture of T12-L1, spondylitic defect without spondylolisthesis at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2014
- Citation
- 1414275
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 1414275.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a disability rating in excess of 40 percent for service-connected status post traumatic compression fracture of T12-L1 and spondylitic defect, on an extraschedular basis was denied. The Board found that the evidence did not support an extraschedular evaluation due to the Veteran's current employment.,The Veteran's claim for a total disability based on individual unemployability (TDIU) was also denied. The Board found that the Veteran is currently employed and thus does not meet the criteria for TDIU.
- Granted
The Veteran's back disability is rated at 40 percent disabling, and he was granted a separate rating for right lower extremity radiculopathy with a 10 percent evaluation effective October 15, 2014. The Board found that the criteria for an increased schedular evaluation in excess of 40 percent were not met.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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