The Board found that the reduction of the rating for the Veteran's service-connected low back disability from 40 percent to 20 percent was not supported by the evidence of record at the time of the reduction and denied the claim.
The deciding factor: The reduction of the rating was made in compliance with applicable due process laws and regulations, but it was not supported by the evidence of record at the time of the reduction.
- Claimed conditions
- Degenerative disc disease at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 29, 2016
- Citation
- 1607941
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 1607941.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for his service-connected low back and bilateral shoulder disabilities, as well as the extension of a temporary total disability rating due to convalescence following surgery on his lumbar spine, are being remanded due to failure to substantially comply with previous Board instructions.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of recent VA examination for the Veteran's low back disability, which may affect its severity assessment.
- Granted
The Board has granted service connection for degenerative disc disease at L5-S1 and back arthritis, finding that the Veteran's symptoms of back arthritis started during service and have been continuous since then. The decision is based on presumptive service connection due to chronic disease.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for degenerative disc disease at L5-S1, right foot plantar fasciitis, and left foot plantar fasciitis due to a lack of evidence linking these conditions to his military service. The case is being remanded for further development.
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