The reduction in the rating of the Veteran’s lumbar spine disability from 40 to 10 percent, effective May 1, 2013 was improper. The 40 percent rating is restored. The issue of entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded for further development.
The deciding factor: The reduction in the rating was not supported by evidence showing an actual change in the disability, and the preponderance of the evidence does not demonstrate that any improvement in the Veteran’s lumbar spine disability improved his ability to function under the ordinary conditions of life and work.
- Claimed conditions
- Degenerative disk disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 18, 2019
- Citation
- 19130140
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for lumbar spine disability to schedule a VA examination to determine if the Veteran has intervertebral disc syndrome (IVDS) and, if so, whether he has required bed rest prescribed by a physician during any 12-month period.
- Partly granted
The Veteran's back disability was granted a 40 percent rating from July 28, 2010 to July 24, 2020, and the right knee instability was granted a separate 10 percent rating from that same date. The claims for increased ratings for the back and knees were denied.
- Remanded (sent back)
The Board has remanded the case due to incomplete VA records and the need for a new VA examination to determine the nature and etiology of the Veteran's back condition(s).
- Denied
The Board denied the Veteran's claim to reopen his service connection for degenerative disk disease of the lumbar spine due to lack of new and material evidence linking it to service.,The Board also denied reopening the Veteran's claim for service connection for a left knee disorder, including medial meniscal tear, degenerative type, as there was no new and material evidence provided.
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.