The Veteran's lumbar spine DJD rating was reduced from 40% to 20%, effective December 3, 2013. The Board found that the reduction was improper and restored the 40% rating as of December 3, 2013.
The deciding factor: The preponderance of evidence did not show actual improvement in the Veteran's lumbar spine DJD which is reasonably certain to be maintained under ordinary conditions of life.
- Claimed conditions
- lumbar spine DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 6, 2019
- Citation
- 19160228
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19160228.
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.
- Granted
The Board has granted earlier effective dates of February 22, 2017 for both the TDIU and DEA benefits based on the Veteran's service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for a higher rating and TDIU prior to March 7, 2013 is being remanded due to insufficient evidence regarding the severity of his lumbar spine disability.
- Remanded (sent back)
The Board has ordered the AOJ to complete several actions related to the Veteran's claim for additional VA disability compensation benefits under the CRDP program, specifically for the period prior to March 1, 2010. The AOJ must obtain all relevant VA records and DFAS audit error worksheets, perform a paid and due audit, and readjudicate the claim.
- Denied
The Veteran's lumbar spine DJD and sciatic radiculopathy were denied increased ratings.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.