The reduction in disability rating for the Veteran's service-connected degenerative arthritis of the lumbar spine from 40 percent to 10 percent was improper and restored the original 40 percent rating. The increased disability rating claim for the same condition was denied.
The deciding factor: The evidence did not show material improvement that would warrant a reduction in the disability rating, but the Veteran's service-connected degenerative arthritis of the lumbar spine warranted restoration of the previous 40 percent rating.
- Claimed conditions
- Degenerative Arthritis of Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 25, 2019
- Citation
- 19131840
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.
- Denied
The Veteran's appeal for a higher rating for his left shoulder disability was denied, as the evidence did not show limitation of motion to 25 degrees from the side. For his degenerative arthritis of the lumbar spine, he received a temporary total rating based on convalescence and then a permanent 40 percent rating effective March 17, 2010.
- Denied
The Veteran's lumbar spine disorder is rated at 10 percent, the minimum rating available under Diagnostic Code 5242. The Board found that his range of motion did not meet the criteria for a higher rating due to pain and other factors.
- Denied
The Board found no evidence linking the veteran's current shoulder, wrist, and lumbar spine conditions to his military service. The absence of medical records from service is not considered a fault of the veteran.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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