The September 2006 rating decision reducing the Veteran's disability rating for lumbosacral strain with degenerative changes to 10 percent was proper in light of the clear and unmistakable error (CUE) in the July 2004 rating decision, which applied outdated criteria. The appropriate procedural steps were followed.
The deciding factor: The prior rating decision based on CUE used incorrect criteria that no longer applied at the time of the Veteran's claim for increased disability benefits.
- Claimed conditions
- lumbosacral strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 28, 2013
- Citation
- 1306821
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 1306821.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for a rating in excess of 20 percent for his left knee disability is dismissed.,Service connection has been granted for lumbosacral strain with degenerative changes and bilateral hip acetabular tears, which are found to be proximately due to his service-connected left knee disability.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbosacral strain with degenerative changes, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient evidence.
- Denied
The Board denied the Veteran's claim for a rating in excess of 20 percent for lumbosacral strain with degenerative changes, as the evidence did not support a higher disability rating.
- Remanded (sent back)
The Veteran's claims for higher initial disability ratings for various conditions are being remanded due to the need to obtain outstanding treatment records from TRICARE.
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