The reduction of the rating for low back disability from 40% to 20% was improper, and the 40% rating is restored. The case regarding entitlement to TDIU prior to November 17, 2016, is remanded.
The deciding factor: The reduction in rating did not meet regulatory requirements for proper consideration of improvement in the Veteran's condition under 38 C.F.R. § 4.1 and Brown v. Derwinski (1993).
- Claimed conditions
- Degenerative arthritis of the lumbar spine (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 3, 2023
- Citation
- 23007006
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 23007006.
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.
- Granted
The Veteran's low back disability, including degenerative arthritis of the lumbar spine, is considered to have originated during his active service and continues today. The Board has therefore granted service connection for this condition.
- Granted
The Board granted service connection for degenerative arthritis of the lumbar spine, resolving reasonable doubt in favor of the Veteran.
- Partly granted
The Board granted service connection for a low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims for headaches and gastrointestinal issues were remanded.
- Remanded (sent back)
The Board remands the claims for service connection of degenerative arthritis of the lumbar spine, right shoulder, and left shoulder due to inadequate medical opinions.
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