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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 19157200.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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
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- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Whole decision: 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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