The Board denied the Veteran's motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.
The deciding factor: The Board found no clear and unmistakable error (CUE) in the January 9, 2004 rating decision that reduced the disability rating from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.
- Claimed conditions
- Degenerative disc and joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 2, 2024
- Citation
- A24079503
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. Read the original VA decision (opens in a new tab) using citation A24079503.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded for further development regarding his service-connected conditions and the appropriate disability ratings.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's current degenerative disc and joint disease of the lumbosacral spine and his service. The claim will be returned for further development.
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