The Board found that the reduction of the 40 percent rating for the service-connected lumbosacral strain from August 1, 2006 to 20 percent was improper due to inadequate examinations and lack of review of recent treatment records.
The deciding factor: The RO failed to apply the provisions of 38 C.F.R. § 3.344 in its reduction of the disability evaluation for the service-connected lumbosacral strain from 40 percent to 20 percent, making the reduction void ab initio.
- Claimed conditions
- lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 1, 2011
- Citation
- 1107999
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 1107999.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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