The Board has reopened the Veteran's claim of service connection for a cervical spine disability and found that there is new and material evidence to support this claim. The reduction in the rating for the thoracic spine disability from 40 percent to 10 percent was improper, as it did not meet the criteria for such a reduction. The Veteran's current disability evaluation for his thoracic spine remains at 10 percent.
The deciding factor: The evidence received since the last final denial raised a reasonable possibility of substantiating the claim for service connection for a cervical spine disability and was found to be new and material, thus reopening the claim. However, the reduction in the rating for the thoracic spine from 40 percent to 10 percent was not proper as it did not meet the criteria for such a reduction.
- Claimed conditions
- cervical spine, psychiatric disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 31, 2011
- Citation
- 1103795
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 1103795.
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
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