The Veteran's low back disability was reduced from 40 to 20 percent, but the Board restored the prior 40 percent rating effective January 1, 2009. The appeal for a higher rating is denied.
The deciding factor: The evidence did not show actual improvement in the Veteran's ability to function under ordinary conditions of life and work, so his 40 percent rating was restored.
- Claimed conditions
- intervertebral disc syndrome (IVDS), lumbar stenosis, L5-S1 disc bulging with nerve root irritation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 8, 2021
- Citation
- 21062564
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062564.
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
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- Dismissed
The Veteran's appeal for an earlier effective date for service connection of intervertebral disc syndrome, traumatic arthritis of the spine with stenosis, and status-post spinal fusion is dismissed due to the Veteran's death.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
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