The Veteran's appeal for restoration of a 40 percent evaluation for service-connected degenerative arthritis of the lumbar spine from November 1, 2016 was granted. The issue of entitlement to an evaluation in excess of 40 percent disabling for service-connected degenerative arthritis of the lumbar spine is remanded due to procedural issues.
The deciding factor: The reduction of the assigned rating from 40 percent to 20 percent was improper as there was no evidence of sustained improvement in the Veteran's condition under ordinary conditions of life and work.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 7, 2019
- Citation
- 19144271
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 Board denied all claims for increased ratings, except for sinusitis which was granted a higher rating.
- Denied
The Board denied increased disability ratings for PTSD, bilateral plantar fasciitis and pes planus, TBI, right shoulder strain, SLAP, degenerative arthritis of the lumbar spine, and radiculopathy of the right lower extremity associated with degenerative arthritis of the lumbar spine.
- Denied
The Board denied service connection for obstructive sleep apnea, right hip disability, and right knee disability as not related to the Veteran's lumbar spine disability or otherwise related to service. The claim to reopen a pinched nerve in the cervical spine with headaches was also denied due to lack of new and material evidence. The denial included initial and increased rating claims for shingles, degenerative arthritis of the lumbar spine, radiculopathy of both lower extremities, and granted an evaluation of 60 percent for shingles from August 12, 2020, as well as a TDIU from May 15, 2014 to August 12, 2020.
- Partly granted
The Veteran's DDD of the cervical spine was granted a 20% rating effective February 28, 2018. His bilateral hearing loss and degenerative arthritis of the lumbar spine were denied increased ratings. The TDIU issue is remanded.
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