The Board found that the reductions in ratings for Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, and Umbilical hernia were improper due to the RO's failure to properly apply procedural safeguards. The Veteran was not given an opportunity to present additional evidence or request a hearing before the reduction in ratings took effect.
The deciding factor: The Board determined that the reductions violated procedural requirements as outlined by VA regulations for rating reductions, specifically failing to provide proper notice and opportunity for a predetermination hearing.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, Umbilical hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2016
- Citation
- 1617397
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 1617397.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for bilateral hearing loss is dismissed. The claim for a temporary total evaluation based on spinal fusion surgery of the L4-S1 vertebrae is granted. The issue of a rating in excess of 10 percent for DJD, lumbosacral spine with S/P spine fusion of L4-S1, is remanded.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, but denied compensable ratings for umbilical hernia, nephrolithiasis, and dermatitis.
- Remanded (sent back)
The Board remands the claims for service connection for umbilical and inguinal hernia, as well as degenerative arthritis of the left and right hands, due to a lack of medical evidence linking these conditions to the Veteran's military service.
- Partly granted
The Board denied increased ratings for the Veteran's lumbar spine and sciatic nerve disabilities, granted a 30 percent rating for pseudofolliculitis barbae (PFB), and granted service connection for degenerative disc disease of the cervical spine.
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