The Board has restored the Veteran's original 40 percent rating for his lumbar spine spondylolisthesis with degenerative disc disease, finding that the reduction from 40 to 20 percent was improper due to a failure to consider whether there was actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
The deciding factor: The Board found that the reduction of the rating did not comply with the special procedural requirements for reductions, specifically failing to address whether there was an actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- lumbar spine spondylolisthesis with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 28, 2024
- Citation
- A24015084
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 A24015084.
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.
- Partly granted
The Board granted an earlier effective date of January 27, 2015, for a 40 percent rating for lumbar spine spondylolisthesis with degenerative disc disease and entitlement to a total rating based upon individual unemployability (TDIU), but denied a rating in excess of 20 percent for right lower extremity radiculopathy.
- Granted
The Veteran's service-connected disabilities, including lumbar spine spondylolisthesis with degenerative disc disease, left knee strain, and right knee strain, rendered him unable to secure or follow substantially gainful employment as of June 19, 2010. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.
- Granted
The Veteran's claim for a disability rating in excess of 20 percent for lumbar spine spondylolisthesis with degenerative disc disease was denied. The Veteran's claim for TDIU on an extraschedular basis prior to December 21, 2012 is remanded.
- Granted
The Veteran's lumbar spine spondylolisthesis with degenerative disc disease was granted a rating of 40 percent from October 8, 2015 to November 28, 2017. The Veteran also received a grant for total disability based on individual unemployability.
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