The Board has restored a 40 percent evaluation for the Veteran's intervertebral disc syndrome (IVDS) from February 1, 2019 due to the lack of full and complete examination supporting the reduction.
The deciding factor: The November 2017 VA examination report was not full and complete as it did not estimate additional loss of motion on repetitive use over time and the Veteran refuted that the examination was conducted during a flare-up.
- Claimed conditions
- Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 30, 2023
- Citation
- 23047929
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 23047929.
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.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Granted
The Veteran's back disability and bilateral lower extremity radiculopathy have been granted increased ratings, with the effective date set at February 19, 2021.
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