The claim for service connection was not reopened, and the reduction of rating from 40 percent to 10 percent effective November 1, 2016 was found improper.
The deciding factor: The VA failed to consider the provisions of 38 C.F.R. § 3.344 when reducing the Veteran's disability rating for degenerative disc disease with anterior osteophytic ridging L3-L4 from 40 percent to 10 percent effective November 1, 2016.
- Claimed conditions
- cervical spine degenerative disc disease with stenosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 31, 2019
- Citation
- 19159370
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 19159370.
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 cervical spine degenerative disc disease with stenosis, status post anterior cervical fusion, had its onset during service and is granted service connection.
- Granted
The Board has determined that the Veteran's current cervical spine degenerative disc disease with stenosis is related to his military service and grants service connection for this condition.
- Remanded (sent back)
The Veteran's appeal for a TDIU is being remanded due to the inadequacy of the September 2010 VA examination and the need for an opinion regarding his employability.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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