The Veteran's low back disability rating was restored from 20% to 40%, and he received increased ratings for his right lower extremity myelopathy and left lower extremity radiculopathy.
The deciding factor: The reduction in the rating of the Veteran’s service-connected low back disability was improper, but the Veteran is not entitled to a higher rating based on the evidence provided.
- Claimed conditions
- spondylolisthesis, multilevel degenerative disc disease, herniated nucleus pulposus L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 7, 2019
- Citation
- 19177112
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 granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Dismissed
The appeal of the November 2024 non-final rating decision, deferring the adjudication of the Veteran's claim for an increased rating for service-connected intervertebral disc syndrome, spinal stenosis, and spondylolisthesis, was dismissed.
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.