The Veteran's disability ratings for his service-connected lumbar spine condition and bilateral lower extremity radiculopathy were restored to their previous levels, effective October 1, 2018.
The deciding factor: The VA Regional Office reduced the Veteran's disability ratings based on a December 2017 examination report, which was deemed inadequate due to lack of information regarding flare-ups and functional loss. The Board found that the evidence did not support an improvement in the Veteran's condition.
- Claimed conditions
- status post lumbar laminectomy with residuals, lumbar disc bulge with S1 impingement (previously characterized as intervertebral disc syndrome), femoral nerve radiculopathy, right lower extremity, femoral nerve radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 4, 2023
- Citation
- 23054847
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 23054847.
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.
- Denied
The Board denied service connection for fatigue and a left ankle disability, as well as denied increased ratings and earlier effective dates for various disabilities.
- Partly granted
The veteran's increased rating claims for sciatic nerve radiculopathy, right lower extremity and right carpal tunnel syndrome were granted. The claim for the left lower extremity was denied.
- Granted
The veteran's PTSD and major depression have been rated at 100% from July 14, 2022. The veteran also qualifies for special monthly compensation (SMC) at the housebound rate starting August 17, 2022.
- Remanded (sent back)
The Veteran's claims for increased ratings for left lower extremity radiculopathy of the sciatic and femoral nerves remain denied. The Board finds that remand is necessary to obtain an addendum VA medical opinion explaining the examiner's decision regarding right lower extremity radiculopathy.
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