The Veteran's disability rating for lumbosacral strain with IVDS was reduced from 40 percent to 20 percent, effective August 19, 2019. The Board has now reinstated the original 40 percent rating and granted entitlement to TDIU.
The deciding factor: The Veteran's service-connected lumbosacral strain with IVDS warranted a 40 percent disability rating based on examination findings showing improvement in his overall functional impairment and symptomatology, which was not supported by evidence of record at the time of the October 2019 decision. The Board found that affording the Veteran the benefit of doubt resulted in sufficient evidence to support reinstatement of the original rating.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 5, 2024
- Citation
- A24053166
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 A24053166.
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The Board has withdrawn the appeal for an increased evaluation for lumbosacral strain with intervertebral disc syndrome and has remanded the issue of service connection for obstructive sleep apnea.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for erectile dysfunction (ED) as secondary to his service-connected lumbosacral strain with intervertebral disc syndrome due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence when readjudicating the claim.
- Remanded (sent back)
The Board has remanded the claims for a higher rating for lumbosacral strain with intervertebral disc syndrome, bilateral lower extremity radiculopathy, and left lower extremity radiculopathy due to procedural errors in obtaining private medical records.
- Dismissed
The Board dismissed the appeals for increased disability ratings for lumbosacral strain with intervertebral disc syndrome and left lower extremity radiculopathy involving the femoral nerve.
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