The Veteran's lumbar spine degenerative disc disease rating was reduced from 40% to 20%, effective June 1, 2017. The reduction is being remanded as it may have been improper.,The Veteran’s lumbar spine degenerative disc disease has now been restored to a 40% rating.
The deciding factor: The reduction of the rating for lumbar spine degenerative disc disease from 40 percent to 20 percent, effective June 1, 2017 was improper based on evidence not showing improvement in the Veteran's ability to function under ordinary conditions and without demonstrating sustained material improvement.
- Claimed conditions
- left shoulder disability, fracture of left orbital floor and left zygomatic arch, cervical spine intervertebral disc disease with degenerative arthritis, left upper extremity radiculopathy, right upper extremity radiculopathy, scar, status post cervical discectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 21, 2021
- Citation
- 21023888
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 21023888.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
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