The Veteran's low back disability with radiculopathy was restored to a 50 percent rating effective April 12, 2007. The other issues remain pending and will be remanded for further development.
The deciding factor: The reduction in the Veteran's low back disability rating from 50% to 10% on April 12, 2007 was improper due to failure to follow proper procedures.
- Claimed conditions
- low back disability with radiculopathy, generalized anxiety disorder (GAD), reflux laryngitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 15, 2015
- Citation
- 1552365
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 1552365.
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.
- Granted
The Veteran's tinnitus is granted as service-connected, with a rating of 10 percent.,The Veteran's back disability remains at a 40 percent rating. The Board finds the evidence does not support an increase to higher ratings.,The Veteran's radiculopathy of the femoral nerve in both lower extremities are each granted initial 20 percent ratings.,Service connection for GAD, bilateral hearing loss, and chronic kidney pain is remanded.,A compensable disability rating (greater than 0 percent) for chronic kidney infections is also remanded.
- Granted
The Board has granted service connection for intervertebral disc syndrome and bilateral lower extremity radiculopathy, as well as generalized anxiety disorder. The past due benefits awarded in the June 2024 rating decision are eligible for direct payment of attorney fees at a rate of 20%. Service connection for GAD was not initially granted, so no fees can be paid from the July 2024 rating decision.
- Remanded (sent back)
The Board has dismissed the claim for service connection for insomnia as moot due to a prior rating decision granting it. The claim for polycythemia with JAK2 mutation is denied, and the claim for GAD is remanded for further development.
- Denied
The Veteran's claims for service connection for body dysmorphia, noncombat-related psychosis, adjustment disorder, depression, and GAD have been denied. The claim for an increased rating for OSTSRD has also been denied.
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