The Veteran's initial compensable rating for his service-connected back scar is denied. The reduction of his service-connected intervertebral disc syndrome (back disability) from 40% to 20% is upheld, and a higher rating for the disability is denied.
The deciding factor: The evidence does not support an increased rating for the Veteran's service-connected intervertebral disc syndrome due to lack of incapacitating episodes or other factors warranting such a rating. The reduction from 40% to 20% was proper as there were no changes in the disability status that would justify a higher rating.
- Claimed conditions
- back scar, intervertebral disc syndrome of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 18, 2020
- Citation
- 20080077
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the appeals to reopen claims of entitlement to service connection for a back scar and a stomach scar as new and material evidence has been received, but additional action is required due to an unaddressed hearing request.
- Partly granted
The Board granted service connection for a back disorder, right and left lower extremity radiculopathy, and a back scar. The claims for hearing loss, headaches, traumatic brain injury (TBI), sinusitis, irritable bowel syndrome (IBS), chronic fatigue syndrome (CFS), and restless leg syndrome (RLS) were denied.
- Partly granted
The Board denied an initial disability rating in excess of 10 percent for a back disability prior to September 21, 2021, and in excess of 20 percent from that date. However, the Board granted a 20 percent rating for sciatica affecting both lower extremities starting on September 21, 2021.
- Denied
The Board denied the Veteran's claims for an earlier effective date and a higher initial rating, granting only a 40 percent evaluation for his lumbar spine disability.
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