The Board granted restoration of the 40 percent rating for intervertebral disc syndrome with degenerative disc disease of the lumbar spine beginning on April 1, 2021, and remanded other claims for further development.
The deciding factor: The reduction was improper because it did not meet the criteria under 38 C.F.R. § 3.344(a) and (b), as the rating had been in place for less than five years when the reduction took effect, and there was no evidence of sustained improvement.
- Claimed conditions
- Intervertebral disc syndrome with degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy (sciatic nerve), Left lower extremity radiculopathy (femoral nerve), Right lower extremity radiculopathy (sciatic nerve), Right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024286
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.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied higher disability ratings for the veteran's low back and lower extremity radiculopathies, pseudofolliculitis barbae, pes planus and plantar fasciitis, and left knee patellofemoral pain syndrome.
- Partly granted
The Board granted an effective date of January 21, 2022, for the award of service connection for PTSD and a rating of 10 percent for right lower extremity radiculopathy (sciatic nerve) effective December 20, 2022.
- Granted
The Board granted higher initial ratings for the Veteran's degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and bilateral lower extremity radiculopathies, as well as an earlier effective date for service connection.
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