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 bilateral lower extremity radiculopathy service connection and other issues are remanded.
The deciding factor: The VA examination used to justify the reduction from 40 percent to 20 percent for IVDS was inadequate, leading to a decision in favor of restoration of the rating.
- 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
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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