The Veteran's back disability and right lower extremity radiculopathy were restored to their previous ratings of 40 percent and 20 percent, respectively, effective December 1, 2019.
The deciding factor: The reduction in rating was improper due to an inadequate examination that did not address the Veteran's flareups which significantly limit his functional ability.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome (IVDS) and mild degenerative changes, r radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2020
- Citation
- A20018669
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 A20018669.
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 has granted earlier effective dates of December 19, 2016 for service connection of radiculopathy of the left and right lower extremities.
- Remanded (sent back)
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities has been denied. The case is being remanded to consider a total disability rating based on individual unemployability (TDIU).
- Denied
The Veteran was gainfully employed until June 30, 2014. The Board denied the claim for TDIU prior to July 1, 2014 as there were no service-connected disabilities that prevented the Veteran from obtaining and maintaining substantially gainful employment.
- Granted
The Veteran's service-connected disabilities, including his lumbar spine disability and related radiculopathy of the bilateral lower extremities, prevented him from obtaining or maintaining substantially gainful employment prior to June 4, 2010. The Board granted entitlement to a TDIU on an extraschedular basis for this period.
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