The Board has determined that the reduction in rating from 40 percent to 20 percent, effective December 1, 2009 to December 20, 2010, for lumbar spine disorder was improper. The criteria for entitlement to an increased rating for erectile dysfunction have not been met. The criteria for entitlement to initial ratings in excess of 10 percent prior to December 21, 2010 and in excess of 20 percent thereafter for neurogenic claudication of the bilateral lower extremities have not been met.
The deciding factor: The reduction from 40% to 20% was improper as it did not result in a reduction or discontinuance of compensation payments that were being made, and the notice provisions of the regulation governing compensation rating reductions do not apply. The criteria for increased ratings have not been met.
- Claimed conditions
- lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2015
- Citation
- 1539363
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 1539363.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted the Veteran's request to readjudicate his claims for service connection for a lumbar spine disorder and obstructive sleep apnea, but denied his claim for right knee disorder. The Board also remanded the cases of left leg disorder and lumbar spine disorder.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
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