The reduction of the rating for residuals, low back injury with degenerative disc disease and arthritis, L4, L5-S1 from 40% to 20% was improper. A restoration of a 40% rating is granted, effective April 1, 2016. The ratings in excess of 10% for radiculopathy of the right lower extremity and left lower extremity are remanded. The entitlement to TDIU is also remanded.
The deciding factor: The reduction was improper due to a failure to show actual improvement in the Veteran's ability to function under ordinary conditions of life and work, despite some improvements noted in VA examinations.
- Claimed conditions
- residuals, low back injury with degenerative disc disease and arthritis, L4, L5-S1, raticulopathy of the right lower extremity, raticulopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 22, 2021
- Citation
- 21016172
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. Read the original VA decision (opens in a new tab) using citation 21016172.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's tinnitus is rated at the maximum schedular disability rating of 10 percent.,The Veteran's bilateral hearing loss disability is currently rated as noncompensable (zero percent).,The Veteran's lumbar spine disability is currently rated at 20 percent, and the evidence does not support a higher rating due to lack of ankylosis or other criteria for increased ratings under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's right lower extremity radiculopathy is not manifested by moderate incomplete paralysis.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran requested to withdraw all of his appeals prior to a decision being made.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral lower extremity radiculopathy due to a lack of discussion on the impact of medication used to treat the conditions, and for a supplemental opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
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