The Board found that the November 2004 rating decision, which reduced the veteran's rating for his service-connected lumbar strain with degenerative disc disease from 30 percent to 20 percent effective February 1, 2005, was proper due to clear and unmistakable error in the previous increase.
The deciding factor: The regulatory provisions extant at the time of the October 2002 and May 2003 decisions were incorrectly applied, manifestly changing the outcome of the evaluation of the veteran's service-connected lumbar strain disability.
- Claimed conditions
- lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2008
- Citation
- 0816363
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent rating for the lumbar spine disorder from May 29, 2019, and denied special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Board remands the claims for lumbar spine disability, prolapse of rectum, and hemorrhoids for additional development before a decision can be made.
- Remanded (sent back)
The appeal is remanded to obtain additional medical opinions regarding the lumbar spine disorder and to address the need for aid and attendance.
- Partly granted
The Board granted ratings for several knee and back conditions, including a 10 percent rating for left knee instability from June 12, 2006, to May 31, 2023, and a 20 percent rating for right sciatic radiculopathy and left sciatic radiculopathy starting January 28, 2025.
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