The Veteran's reduction of a 40 percent rating for service-connected degenerative disc and joint disease of lumbar spine with strain was improper, and the rating is restored to 40 percent. The claim for a disability rating greater than 10 percent for this condition is denied. TDIU benefits are granted.
The deciding factor: The reduction in rating from 40% to 10% was not properly followed as it did not reflect actual improvement in the Veteran's ability to function under ordinary conditions of work and life, contrary to the evidence showing improvement in ranges of motion but not in functional capacity.
- Claimed conditions
- Degenerative disc and joint disease of lumbar spine with strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 22, 2020
- Citation
- 20062240
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 20062240.
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.
- Denied
The Veteran's disability rating for degenerative disc and joint disease of lumbar spine with strain was reduced from 40 percent to 10 percent, effective November 1, 2014. The reduction is upheld as the evidence shows actual improvement in his condition.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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