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
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.
- Denied
The Veteran's claim for an increased disability rating for his lumbar spine DJD, DDD, and spinal stenosis was denied as the evidence did not show unfavorable ankylosis of the entire spine or thoracolumbar spine. The case is remanded to determine if there were any incapacitating episodes.
- Granted
The Veteran's claim for service connection for glaucoma was reopened due to the submission of new and material evidence. Service connection is granted for cervical neck/spine disability, right foot disability, and right shoulder disability. The claim for an evaluation in excess of 20 percent for lumbar spine DJD remains denied.
- Remanded (sent back)
- Remanded (sent back)
The Board has remanded the Veteran's claims of increased ratings for left and right knee DJD, as well as his claim for a TDIU due to service-connected lumbar spine DJD. The remand is in response to deficiencies in the VA examinations conducted.
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