The reduction in disability rating for the Veteran's lumbar spine disability from 40 percent to 10 percent was not proper, and the 40 percent rating is restored. The claim of entitlement to an earlier effective date for service connection of left lower extremity radiculopathy associated with the service-connected lumbar spine disability remains pending.
The deciding factor: The evidence does not make it reasonably certain that actual improvement in the lumbar spine disability will be maintained under ordinary conditions of life, and thus the 40 percent rating must be restored.
- Claimed conditions
- lumbar spine disability, left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 7, 2018
- Citation
- 18132725
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 18132725.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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