The appeal pertaining to the reduction of the Veteran's disability rating from 40% to 20% for his service-connected lumbar strain with IVDS is dismissed. The restoration of the 40% rating for service-connected lumbar strain with IVDS, effective June 1, 2023, is granted.
The deciding factor: The evidence did not demonstrate sustained and stable improvement in the Veteran's service-connected lumbar strain with IVDS that would warrant a reduction from 40% to 20%. The rating was reduced based on the AOJ's interpretation of the applicable regulations.
- Claimed conditions
- lumbar strain with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 18, 2024
- Citation
- A24084457
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 A24084457.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied increased ratings for lumbar strain with IVDS, RLE and LLE radiculopathy, sciatic, RLE and LLE radiculopathy, femoral. The evidence did not show the Veteran's conditions were manifested by greater than moderate symptoms or intensity.
- Granted
The Veteran's back brace for his service-connected lumbar strain with IVDS causes wear and tear to his clothing, warranting an annual VA clothing allowance for 2012.
- Remanded (sent back)
The Veteran's left ear scar is granted service connection, with the Board finding it at least as likely as not related to military service.,Service connection for a stomach condition is denied. The VA examiner found no chronic stomach disability and opined that any current stomach condition is less likely than not related to service.
- Denied
The Veteran's claims for earlier effective dates for service connection of bilateral lower extremity radiculopathy, right lower extremity radiculopathy, major depressive disorder, migraine headaches, and lumbar strain with IVDS have been denied.,An effective date of February 16, 2017 has been granted for the increased evaluations of major depressive disorder (to 70 percent), migraine headaches (50 percent), and lumbar strain with IVDS (40 percent).
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