The Veteran's disability evaluation for mechanical low back pain was restored to 20% effective January 1, 2014 after it had been reduced to noncompensable in October 2013. The evidence did not show a sustained improvement from the time of the initial grant of service connection in November 2007.
The deciding factor: The reduction was based on an incorrect assumption that the Veteran's current diagnoses were progressions of his service-connected mechanical low back pain, rather than separate conditions.
- Claimed conditions
- Mechanical Low Back Pain, Degenerative Joint Disease of the Lumbar Spine, IVDS / Bilateral Sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 13, 2018
- Citation
- 18134677
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 18134677.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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