The reduction of the rating for chronic lumbar strain with L-5 spondylolisthesis from 40 percent to 10 percent effective December 1, 2016 was improper and the 40 percent rating is restored.
The deciding factor: The examination conducted in May 2019 showed a limited range of motion (flexion to 70 degrees) that did not support maintaining the previous higher rating due to the lack of improvement over time as required by VA regulations for long-term ratings reductions.
- Claimed conditions
- Chronic Lumbar Strain with L-5 Spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 3, 2019
- Citation
- 19176574
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
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