The reduction of the rating for service-connected intervertebral disc syndrome identified as a bulging disc at L3-4 and left L5-S1 with left leg radiculopathy from 60 percent to a 40 percent rating, effective August 1, 2012, was not proper; the 60 percent evaluation is restored, effective August 1, 2012. The Veteran's increased rating and TDIU claims are also remanded.
The deciding factor: The reduction of the disability rating from 60 percent to a 40 percent rating was not supported by evidence showing maintained improvement in the severity of the Veteran’s lumbar spine disability, as evidenced by inadequate findings in the September 2011 VA examination report regarding flare-ups of his disability.
- Claimed conditions
- intervertebral disc syndrome identified as a bulging disc at L3-4 and left L5-S1 with left leg radiculopathy (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2019
- Citation
- 19157200
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 19157200.
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.
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- Denied
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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