Board of Veterans’ Appeals decision 1539116
The deciding factor: The reduction in the back disability rating to 10% effective December 1, 2009 was proper as there was improvement in the Veteran's ability to function under ordinary conditions of life and work. The right and left leg radiculopathies were each granted increased ratings based on their respective symptoms and medical evidence. PTSD was assigned a 100% schedular rating throughout the entire initial rating period due to its impact on the Veteran's daily functioning.
- Claimed conditions
- Thoracolumbar spine degenerative disc disease, Posttraumatic stress disorder (PTSD), Right leg radiculopathy, Left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 14, 2015
- Citation
- 1539116
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 1539116.
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Veteran's initial claim for a higher rating for thoracolumbar spine degenerative disc disease was denied as his disability did not meet the criteria for a higher rating than 10 percent.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.