The Board has determined that the severance of service connection for degenerative joint disease of the lumbar spine with right lower extremity radiculopathy, entitlement to TDIU, and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was not proper due to lack of clear and unmistakable error in the original grant of service connection.
The deciding factor: The evidence did not clearly and unmistakably show that the original award of service connection for right knee disability was erroneous.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2013
- Citation
- 1330415
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 1330415.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
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