The Board has restored the Veteran's original 40% rating for lumbar degenerative disc disease, effective October 1, 2015, as the reduction was improper due to an inadequate VA examination report and subsequent evidence suggesting no improvement in disability under ordinary conditions of life and work.
The deciding factor: The reduction from 40% to 10% for lumbar degenerative disc disease was improper because the April 2015 VA examination relied upon did not include range-of-motion testing required by VA regulation or adequately address additional range-of-motion loss during flare-ups, and subsequent evidence suggested no improvement in disability under ordinary conditions of life and work.
- Claimed conditions
- lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 22, 2023
- Citation
- 23017816
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 23017816.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with right great toe hallux limitus; bilateral upper extremity radiculopathy; obstructive sleep apnea; cervical degenerative arthritis, disc disease, spinal stenosis, and C4-C7 fusion; left shoulder strain; lumbar degenerative disc disease; right shoulder strain; right knee tendonitis; left knee tendonitis; painful right neck scar; tinnitus; right lower extremity polyneuropathy; and left lower extremity polyneuropathy render him unable to secure or follow any substantially gainful occupation.
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