The Veteran's appeal for restoration of a 40 percent rating for degenerative joint disease of the lumbar spine is granted, effective December 1, 2019. The ratings assigned for right and left lower extremity radiculopathy are remanded.
The deciding factor: The VA examination used to justify the reduction from 40 percent to 20 percent for a back disability was inadequate, as it did not include range of motion measurements in passive motion, weight-bearing, and non-weight-bearing circumstances. The Board found that restoration of the Veteran's 40 percent rating is warranted.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Left Heel Pain, Right Heel Pain, Erectile Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 13, 2021
- Citation
- A21016689
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 A21016689.
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 determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for erectile dysfunction due to insufficient medical evidence and a need for a VA examination.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
- Granted
The Veteran's erectile dysfunction is found to have had its onset during service, and the Board grants service connection for this condition.
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