The Veteran's appeal for restoration of a 40 percent rating for lumbar spine degenerative disc disease is granted, effective August 1, 2014. The appeals for service connection for bilateral flat feet, an acquired psychological disorder other than PTSD, and a rating in excess of 40 percent for lumbar spine DDD are remanded.
The deciding factor: The VA examination used to justify the reduction from 40 percent to 10 percent for lumbar spine DDD was inadequate, leading to the restoration of the 40 percent rating.
- Claimed conditions
- lumbar spine degenerative disc disease, spinal canal stenosis, bilateral flat feet, acquired psychological disorder (likely depression)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2019
- Citation
- 19100969
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19100969.
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 Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, resulting in the grant of special monthly compensation based on the need for regular aid and attendance. The issue of entitlement to special monthly compensation at the housebound rate is moot.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to assist errors by not assisting the Veteran to identify and obtain relevant treatment records regarding his bilateral flat feet and for relying on an inadequate addendum opinion. The case is therefore REMANDED for these actions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.