The Board has restored the prior higher rating for the Veteran's service-connected lumbosacral strain with residuals and disc herniation. The remaining claims of entitlement to a higher rating for left shoulder strain, service connection for sleep apnea, and TDIU are remanded due to procedural deficiencies.
The deciding factor: The reduction in the rating for the low back disability was improper as it did not comply with applicable regulations regarding reduction procedures.
- Claimed conditions
- lumbosacral strain with residuals and disc herniation, left shoulder strain with bursitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2014
- Citation
- 1414505
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 1414505.
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The appeal for a higher rating for left shoulder strain with bursitis has been withdrawn, and the appeal for service connection for left upper extremity radiculopathy is untimely.
- Denied
The Board denied the Veteran's claims for earlier effective dates for service connection of left shoulder strain with bursitis and right shoulder strain, finding that there was no clear and unmistakable error in previous decisions or new evidence to support reopening the claims.
- Remanded (sent back)
The Board remands the appeal as to the issues of a current evaluation in excess of 30 percent for the veteran's service-connected left shoulder disability, as well as an increased rating for service-connected hiatal hernia with ulcerative esophagitis, and a total disability rating based upon individual unemployability due to service-connected disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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