The Veteran's back disability was restored to a 20% rating, while his left lower extremity radiculopathy remains at 0%. The reduction from 20% to 10% for the back disability is reversed.
The deciding factor: The February 2016 VA examination showed improvement in the Veteran's lumbar spine condition under ordinary conditions of life and work, which was not addressed by the prior examiner who found significant functional loss due to repetitive use over time.
- Claimed conditions
- Degenerative disc disorder, Arthritis, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 15, 2022
- Citation
- 22052472
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 22052472.
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.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
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