The veteran's initial evaluation for his low back disability was reduced from 60 percent to 40 percent, effective August 1, 1997. The Board has restored the 60 percent evaluation.
The deciding factor: The reduction in evaluation did not comply with governing regulations and the claimant is entitled to restoration of the initial 60 percent evaluation.
- Claimed conditions
- postoperative herniated nucleus pulposus (HNP) with left radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 28, 2004
- Citation
- 0417103
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 0417103.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
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