The Veteran's 40% disability rating for thoracolumbar spine disability was restored, effective January 1, 2019. A higher rating of over 40% is denied.
The deciding factor: The reduction in the Veteran’s disability rating from 40 to 20 percent was improper due to an inadequate examination that did not consider her flare-ups and functional limitations.
- Claimed conditions
- Thoracolumbar intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 6, 2019
- Citation
- 19169313
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 19169313.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Granted
The Veteran's thoracolumbar IVDS with DDD and associated left lower extremity radiculopathy have been granted initial disability ratings of 40 percent from November 4, 2019, and a separate 20 percent rating for the left lower extremity radiculopathy since July 1, 2016.,The Veteran's thoracolumbar IVDS with DDD manifested by forward flexion limited to 30 degrees from November 4, 2019.
- Whole decision: Remanded (sent back)
The Board has found that additional development is needed for the issues on appeal, including obtaining treatment records and scheduling VA examinations to evaluate the Veteran's spine disability and address service connection claims.
- Whole decision: Remanded (sent back)
The Board has determined that a remand is necessary to assess the current severity of the Veteran's service-connected thoracolumbar spine disability and to determine if he should be granted a TDIU rating.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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