The Board granted the restoration of a 40 percent rating for the Veteran's lumbar spine degenerative joint disease (low back disability) effective February 1, 2021, and denied increased ratings for right and left lower extremity radiculopathy and PTSD.
The deciding factor: The reduction in the low back disability rating was not proper as it did not reflect an improvement under ordinary conditions of life and work. The other claims were denied due to insufficient evidence of worsening symptoms beyond the current ratings.
- Claimed conditions
- lumbar spine degenerative joint disease (low back disability), right lower extremity radiculopathy associated with degenerative joint disease, left lower extremity radiculopathy associated with degenerative joint disease, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067224
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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