The Board has restored a 40% disability rating for the Veteran's lumbar DDD and granted entitlement to total disability rating based on individual unemployability (TDIU) for the entire appeal period.
The deciding factor: The reduction in the disability rating from 40% to 20% was not proper as there was no actual improvement in the Veteran’s ability to function under ordinary conditions of life and work. The Board found that his lumbar DDD has worsened, with increased pain, stiffness, and aching symptoms.
- Claimed conditions
- Degenerative disc disease (lumbar DDD), Hiatal hernia with gastroesophageal reflux disease, Plantar fasciitis of the right foot with hallux valgus and hammertoes, Nephrolithiasis, Hallux valgus left foot with hammertoes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 10, 2019
- Citation
- 19153351
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 19153351.
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
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- Granted
The Veteran's PTSD was granted an initial evaluation of 50 percent, dermatitis as of December 4, 2024 was granted a 10 percent evaluation, and kidney stones were denied. Service connection for allergic rhinitis and bilateral lower extremity neuropathy were also denied.
- Granted
The Veteran's kidney disability, including nephrolithiasis and chronic renal disease with hypertension, increased on October 20, 2022. The Board granted an effective date of October 20, 2022, for the grant of a total disability rating based on individual unemployability (TDIU).
- Denied
The Veteran's TDIU and DEA eligibility claims are denied as he was not unable to secure or follow a substantially gainful occupation prior to December 9, 2021. The SMC housebound claim is also denied due to lack of evidence of substantial confinement.
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