The Veteran's appeal for restoration of a 40 percent rating for intervertebral disc syndrome (IVDS) is granted, effective May 1, 2018. The appeals for service connection and increased ratings for other conditions are remanded.
The deciding factor: The VA examination used to justify the reduction from 40 percent to 20 percent for IVDS was inadequate, as it did not include range of motion measurements in passive motion and weight-bearing circumstances.
- Claimed conditions
- intervertebral disc syndrome (IVDS), right lower extremity radiculopathy, left lower extremity radiculopathy, acquired psychiatric disability, alcohol and drug abuse, asbestosis, right shoulder disability, respiratory condition (COPD), chronic kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 10, 2019
- Citation
- 19177982
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.
- Dismissed
The appeal for service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- Partly granted
The Board denied service connection for a vitamin D deficiency and remanded claims for coronary artery disease, status post femoral bypass, chronic kidney disease, and anemia due to a pre-decisional duty to assist error.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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