The Board has restored a 40 percent rating for the Veteran's chronic lumbar spine sprain with narrowing of L4-5 disc-space, effective February 1, 2019. The reduction in rating was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions.
The deciding factor: The November 2017 VA examination did not adequately assess whether there had been an actual improvement in the Veteran's ability to function under ordinary conditions, despite indications of such improvement.
- Claimed conditions
- chronic lumbar spine sprain, narrowing of L4-5 disc-space
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 9, 2024
- Citation
- 24007221
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 24007221.
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 chronic lumbar spine sprain was rated at 10 percent prior to September 26, 2003. The rating was increased to 40 percent from September 26, 2003 to August 31, 2009, and then reduced back down to 20 percent effective September 1, 2009.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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