The Board has restored the Veteran's 40 percent rating for multilevel degenerative disc disease, but has remanded the issue of entitlement to a higher rating due to lack of proper findings in the reduction process. The case is also remanded for an examination to determine the current severity of the Veteran's back disability.
The deciding factor: The Board found that the reduction was void ab initio due to insufficient consideration of whether improvement reflected improvement in the Veteran’s ability to function under ordinary conditions of life and work, but has restored the previous rating. The case is remanded for an examination to determine current disability level.
- Claimed conditions
- multilevel degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185874
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a back disorder, finding that the Veteran's current condition is not related to her in-service injury and is more likely due to other factors such as age, genetics, and prior injuries.
- Granted
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.
- Remanded (sent back)
The Board's October 18, 2018 decision is vacated due to error in finding that the Veteran did not meet the schedular rating requirements for a TDIU on a schedular basis. The case is remanded for further consideration of both schedular and extraschedular TDIU claims.
- Granted
The Board has granted the Veteran's request to reopen his claim for service connection for a back disorder. However, it denied the claim as there is no evidence that the current disability is causally related to service.
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