The Veteran's claim for service connection of chronic pain syndrome is dismissed as the condition is already in effect due to his service-connected lumbar spine condition. The reduction from a 60 percent rating to a 40 percent rating was improper and void ab initio, but restoration of the 60 percent rating is warranted. There is no legal basis for maintaining a permanent 60 percent rating.
The deciding factor: The Veteran's service-connected lumbar spine condition already encompasses chronic pain syndrome as part of its disability evaluation. The reduction from 60 to 40 percent was improper due to the failure to follow procedural guidelines, and restoration is warranted. There is no legal basis for maintaining a permanent 60 percent rating.
- Claimed conditions
- chronic pain syndrome, lumbar disc syndrome associated with erectile dysfunction, left sciatica, spina bifida occulta, and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 1, 2009
- Citation
- 0912065
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 0912065.
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.
- Dismissed
The Board dismissed the appeals for service connection of various conditions due to untimely filing of the appeal.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.
- Dismissed
The Veteran's appeals for service connection were denied due to the late filing of the appeal requests, and thus the appeals are dismissed.
- Granted
The Veteran's back disability, diagnosed as a lumbosacral strain, mild disc degeneration at L5-S1, and chronic pain syndrome, is granted as service-connected.
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