The Board affirms the reduction of the Veteran's disability rating from 50 percent to 20 percent for his lumbar spine disability due to clear and unmistakable error (CUE) in the May 2015 rating decision, which incorrectly found unfavorable ankylosis. The appeal is denied.
The deciding factor: The reduction was based on CUE in the May 2015 rating decision that incorrectly found unfavorable ankylosis of the lumbar spine, leading to a 50% disability rating. Since the reduction was due to CUE and not stabilization of the disability, 38 C.F.R §3.344 is not applicable.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 3, 2019
- Citation
- 19134703
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19134703.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
For the period prior to June 17, 2018, the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. For the period beginning June 17, 2018, the Veteran's lumbar spine disability most closely approximated forward flexion of the thoracolumbar spine less than 30 degrees but not greater than 60 degrees.,For the entire period on appeal, the Veteran's separate right and left lower extremity sciatic radiculopathy disabilities were rated at 20 percent each.
- Whole decision: Denied
The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion of the thoracolumbar spine limited to 30 degrees or less, ankylosis, or incapacitating episodes.
- Whole decision: Remanded (sent back)
The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.
- Whole decision: Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2016. The Board denied a higher rating as the evidence does not support an increase in his current rating.
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