The Veteran's lumbar spine disability was rated at 10% from July 1, 2017 to January 16, 2018 and then increased to 20% effective January 17, 2018. The radiculopathy in the right lower extremity (RLE) was reduced from 20% to 10% effective January 17, 2018. Both ratings are maintained.
The deciding factor: The AOJ properly reduced the rating for radiculopathy of the RLE as it became factually ascertainable that an improvement in disability had occurred since the last examination.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 15, 2019
- Citation
- A19001910
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.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The veteran's claim for an earlier effective date for service connection of right and left lower extremity radiculopathy was dismissed. The claims for higher ratings for several conditions were remanded. An effective date of September 5, 2019, for TDIU and DEA benefits was granted.
- Partly granted
The Board dismissed the veteran's appeals for an earlier effective date for several service-connected conditions but remanded the issues related to initial disability ratings.
- Remanded (sent back)
The Veteran's appeal regarding his thoracolumbar spine disorder is being remanded due to the need for an SSOC based on additional evidence received since the September 2019 SOC.
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