The Veteran's reduced rating for lumbar IVDS with degenerative arthritis is restored to 40 percent. A 40 percent rating effective from September 19, 2012, for IVDS and degenerative arthritis of the lumbar spine is granted. A 20 percent initial rating for left lower extremity radiculopathy is granted.
The deciding factor: The reduction in rating was not properly applied as it did not address whether there was an actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- lumbar intervertebral disc syndrome (IVDS), degenerative arthritis of the lumbar spine, left lower extremity sciatic neuropathy, right lower extremity sciatic neuropathy, left shoulder rotator cuff tendonitis, right shoulder rotator cuff tendonitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 8, 2019
- Citation
- 19117104
Veterans Law Judge
Decisions by this judge: 1,429 · 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 19117104.
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.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The initial rating of 10 percent, but not higher, has been assigned for pulmonary sarcoidosis. Service connection has also been established for migraine headaches, degenerative arthritis in the left knee, right knee disorder (osteoarthritis), right ankle sprain, right shoulder rotator cuff tendonitis, bilateral flat feet, and various foot conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors and inadequate medical opinions. The issues of entitlement to TDIU are also being remanded as they are inextricably intertwined with the other claims.
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