The Veteran's service-connected back disability was restored to a 40 percent rating, effective April 21, 2016. The reduction from 40 percent to 20 percent was found to be improper due to the lack of proper procedural safeguards.
The deciding factor: The reduction of the 40 percent rating for the Veteran's service-connected back disability was not carried out in accordance with the required procedural safeguards, resulting in a void ab initio decision.
- Claimed conditions
- lumbar strain with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 9, 2018
- Citation
- 18149588
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 18149588.
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.
- Dismissed
The Board dismissed the appeals as untimely due to failure to file a proper Notice of Disagreement within one year from the date of the March 2019 rating decision.
- Granted
The Board has determined that the Veteran's back condition, diagnosed as lumbar strain with intervertebral disc syndrome (IVDS), is etiologically related to his service and grants entitlement to service connection.
- Partly granted
The Board granted service connection for GERD, to include as secondary to the Veteran's service-connected obstructive sleep apnea (OSA), and denied increased ratings for chronic sinusitis, bilateral plantar fasciitis with heel bone spurs, lumbar strain with IVDS, left knee limitation of flexion, and remanded claims for vertigo.
- Granted
The Board granted effective dates of April 15, 2020, for service connection for left and right lower extremity radiculopathy, bilateral ankle sprain, and lumbar strain with IVDS.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.