The reduction from 40 percent to 10 percent for the Veteran's thoracolumbar strain effective April 1, 2018, was improper and the 40 percent rating is restored. The matter of a higher rating for the Veteran's thoracolumbar disability is remanded.
The deciding factor: The reduction in rating from 40 percent to 10 percent was not based on actual improvement in the Veteran's ability to function under ordinary conditions, as there were no recent medical examinations within two years of the reduction date that evaluated his lumbar spine condition.
- Claimed conditions
- Thoracolumbar strain, Degenerative disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 3, 2022
- Citation
- 22006310
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 22006310.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the appellant's claims for service connection for various disabilities, including cervical strain, elbow and knee conditions, radiculopathy of upper and lower extremities, thoracolumbar strain, and GERD. The effective date is set at September 13, 2023.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the rating decision issued on October 21, 2021.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with previous instructions. The Veteran's thoracolumbar strain and degenerative arthritis, cervical strain, and LLE radiculopathy cases are still pending for higher evaluations.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's service-connected thoracolumbar strain, effective from January 24, 2014. The decision is based on evidence of functional equivalent to unfavorable ankylosis of the entire thoracolumbar spine.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.