The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating without considering the provisions of 38 C.F.R. § 3.344, which governs reductions in ratings that have been in place for more than five years. The Board has restored the 30 percent rating effective June 1, 2011.
The deciding factor: The reduction was improper as it did not comply with the provisions of 38 C.F.R. § 3.344(a), which requires consideration of whether material improvement in the physical or mental condition is reasonably certain under ordinary conditions of life and work.
- Claimed conditions
- Residuals of Right Knee Injury with Degenerative Joint Disease (DJD), Degenerative Disc Disease of the Lumbar Spine, L5-S1 Right Lower Extremity (RLE) Radiculopathy, Chronic Adjustment Disorder with Depressed Mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 26, 2016
- Citation
- 1637609
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 1637609.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Granted
The Veteran's TDIU and DEA benefits are granted effective August 23, 2017, as this is the earliest date his disabilities meet the criteria for a total disability rating.
- Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
- Granted
The Veteran's PTSD is granted as service-connected, and the Board finds that his back disability may be related to service. The case is remanded for a VA examination.
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