The Board found that the reduction in rating for mechanical low back pain from 20% to 10% was improper due to failure to apply proper procedural requirements. The claim of service connection for a left knee disability is reopened based on new and material evidence received since the October 2006 decision. With reasonable doubt resolved in favor of the Veteran, her left knee disability is found to be related to service.
The deciding factor: The reduction was improper due to failure to apply proper procedural requirements as required by 38 C.F.R. § 3.105(e). The new evidence received since the October 2006 decision relates to the basis for the denial and raises a reasonable possibility of substantiating the claim.
- Claimed conditions
- Mechanical low back pain, Left knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2018
- Citation
- 1826493
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 1826493.
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 TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Denied
The Board has denied the Veteran's claims for service connection for back, right knee, and left knee disabilities due to a lack of evidence showing current diagnoses or functional impairment.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right knee disabilities and right ankle disability due to inadequate medical opinions. The cases will be returned for further development.
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