The reduction in the disability rating for service-connected cervical strain from 40 percent to 10 percent was improper, and the 40 percent rating is restored, effective July 1, 2016.
The deciding factor: The reduction of the rating was based on a single recent VA examination conducted in January 2016, which did not provide sufficient evidence of sustained improvement to warrant reducing the disability rating from 40 percent to 10 percent.
- Claimed conditions
- cervical strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 5, 2019
- Citation
- 19168545
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 19168545.
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 Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The effective date for the grant of service connection for cervical strain is April 4, 2005. Ratings for PTSD, cervical strain, vertebral fracture and lumbar discectomy, and IBS are all denied or not granted as requested.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
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