The Veteran's service-connected conditions have been rated as appropriate, with the exception of a reduction in his rating for the fractured first lumbar vertebra. The appeal is denied.
The deciding factor: The evidence does not demonstrate improvement in the Veteran's condition or his ability to function at the time of the April 2009 rating decision reducing his assigned evaluation.
- Claimed conditions
- Fractured first lumbar vertebra, Degenerative changes and foraminal stenosis, Right leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 23, 2015
- Citation
- 1545247
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 1545247.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.
- Granted
The Veteran's right leg weakness is granted as service-connected due to pre-existing polio aggravating during military service. The cervical spine disability claim for secondary service connection is remanded.
- Remanded (sent back)
The Board has remanded the case due to a lack of compliance with previous directives regarding access to quality assurance records related to the Veteran's lumbar spine surgery and right leg weakness. The AOJ is required to request these records from the relevant VA facilities.
- Granted
The Board has determined that the Veteran's condition necessitates regular aid and attendance, resolving reasonable doubt in his favor.
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