The Veteran's claim for a disability rating in excess of 40 percent for his lumbar spine disability is remanded, as well as the claim for SMC based on need for aid and attendance. The RO will provide an opportunity for additional examination to assess the severity of the Veteran's lumbar spine disability.
The deciding factor: The reduction from a 40% rating to a 20% rating was improper due to lack of consideration of actual improvement in the disability based on review of the entire history, and failure to consider functional impairment during flare-ups or repeated use.
- Claimed conditions
- Degenerative Joint Disease (Osteoarthritis) of the Lumbar Spine with Spinal Stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 5, 2022
- Citation
- 22000493
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 22000493.
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
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- Granted
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