The appeal of the proposed reduction in disability rating for lumbar decompression and fusion with lumbosacral strain is dismissed. The Veteran's initial higher disability ratings for sciatic radiculopathy of both lower extremities are denied, but he is granted a TDIU.
The deciding factor: The proposed reduction was not implemented as the May 2022 rating decision continued to assign a 40 percent disability rating for lumbar decompression and fusion with lumbosacral strain. The Veteran's radiculopathy of both lower extremities is rated at 20 percent.
- Claimed conditions
- lumbar decompression and fusion with lumbosacral strain, sciatic radiculopathy of the left lower extremity, sciatic radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 29, 2026
- Citation
- A26040324
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 A26040324.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
- Granted
The Veteran's service connection for sciatic radiculopathy of the bilateral lower extremities and TDIU are granted effective March 6, 2019.
- Granted
The Veteran's claim for an effective date of June 10, 2021, but no earlier, for a 40 percent initial rating for service-connected lumbosacral strain with degenerative disc disease and degenerative arthritis has been granted. The effective date is based on the date of receipt of the formal claim.
- Granted
The Veteran's service-connected low back disability, along with other disabilities, rendered her unable to secure or follow substantially gainful employment as of April 1, 2020. She is granted a TDIU effective from that date.,Effective April 1, 2020, the Veteran also received SMC at the 's' rate due to having one service-connected disability rated as 100 percent disabling and additional disabilities independently rated at least 60 percent disabling.
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