The Board granted the restoration of a 40 percent disability rating for a lumbar strain effective January 1, 2019.
The deciding factor: The evidence did not demonstrate improvement in the Veteran's ability to function under ordinary conditions of life and work, or that any improvement would be maintained.
- Claimed conditions
- Lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2024
- Citation
- 24004587
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an effective date of October 1, 1973, for the award of service connection for a lumbar spine disability but remanded the issue of entitlement to an initial rating in excess of 10 percent prior to April 4, 2022, and in excess of 40 percent thereafter.
- Granted
The veteran was granted a total rating based on individual unemployability due to a service-connected disability (TDIU) from April 28, 2017, and basic eligibility for Dependents' Educational Assistance (DEA) as well as special monthly compensation (SMC) based on housebound criteria were established from the same date.
- Denied
The Board denied the Veteran's appeal for a total disability rating due to individual unemployability (TDIU) prior to January 7, 2021, as his service-connected disabilities did not render him unable to obtain and secure substantially gainful employment during that period.
- Denied
The Board denied service connection for PTSD and a higher disability rating for lumbar strain, as well as service connection for eczema and a right hip condition.
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