The Board has determined that the reduction in the Veteran's disability rating for segmental spinal stenosis L3-L5 with degenerative disc disease L4-L5 was not legally proper, and therefore restored the original 40 percent disability rating.
The deciding factor: The RO improperly reduced the Veteran’s disability rating from 40 to 20 percent effective July 13, 2016, which was not a legal reduction as it did not account for the Veteran's ongoing need for higher ratings due to his spinal stenosis and degenerative disc disease.
- Claimed conditions
- segmental spinal stenosis L3-L5, degenerative disc disease L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 8, 2017
- Citation
- 1731845
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 1731845.
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.
- Denied
The Veteran's service-connected lumbosacral strain, degenerative arthritis, degenerative disc disease L4-L5, and intervertebral disc syndrome is effective the earliest date permissible by law and VA statute.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the spine and degenerative disc disease L4-L5 is being remanded due to a need for updated examination.
- Remanded (sent back)
The Board has remanded the case for a retrospective medical opinion on the Veteran's lumbar spine disability prior to April 13, 2016, and for consideration of entitlement to SMC.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding her claim of entitlement to a total disability rating on the basis of individual unemployability (TDIU) based on service-connected disability.
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