The appeal for restoration of a 40 percent rating for lumbar spine degenerative disc disease, spinal canal stenosis, status post-right hemilaminotomy L4-5 (lumbar spine DDD) is granted. The 40 percent rating is restored, effective August 1, 2014.
The deciding factor: The VA examination used to justify the Veteran’s reduction from 40 percent to 10 percent for lumbar spine DDD was inadequate.
- Claimed conditions
- lumbar spine degenerative disc disease, spinal canal stenosis, bilateral flat feet, acquired psychological disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2019
- 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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Remanded (sent back)
The Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
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