The Board granted restoration of a 40 percent rating for the Veteran's lumbar spine disability effective October 1, 2022, and denied ratings in excess of 20 percent prior to July 15, 2019, and in excess of 40 percent thereafter. The issues related to right knee instability and other claims were remanded.

The deciding factor: The reduction of the rating for lumbar spine disability from 40 percent to 20 percent was improper due to a lack of sustained and material improvement that was reasonably certain to be maintained under ordinary conditions of life and work.

Claimed conditions

Degenerative joint disease (DJD) and spondylosis of the thoracolumbar spine (lumbar spine disability), Right knee instability, DJD of the right knee

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 11, 2025

Citation

A25021928

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