The Veteran's rating for degenerative arthritis of the cervical spine with intervertebral disc syndrome (IVDS) was reduced from 20 percent to 10 percent, effective September 1, 2018. The Board found that this reduction was void ab initio due to a failure to apply the correct criteria and restored the original rating.
The deciding factor: The RO failed to apply the provisions of 38 C.F.R. § 3.344 in its rating reduction of the Veteran's degenerative arthritis of the cervical spine with intervertebral disc syndrome (IVDS), from 20 percent to 10 percent, rendering the decision void ab initio.
- Claimed conditions
- degenerative arthritis of the cervical spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 26, 2019
- Citation
- 19174810
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 19174810.
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 case due to insufficient medical opinions regarding the etiology of the Veteran's cervical spine disorders and their relationship to service, particularly his service-connected shoulder impingement syndrome.
- Dismissed
The Board dismissed all appeals for increased ratings and effective date claims related to various conditions, including cervical spine, left upper extremity radiculopathy, posttraumatic degenerative changes of the right ankle, right shoulder rotator cuff strain/tendonitis, degenerative changes of the left knee, degenerative changes of the right knee, sciatic nerve radiculopathies in both lower extremities, and femoral nerve radiculopathy.
- Remanded (sent back)
The Board has remanded the claims of service connection for depression, an initial rating in excess of 20 percent for right upper extremity radiculopathy, and a rating in excess of 10 percent for degenerative arthritis of the cervical spine with IVDS due to incomplete compliance with previous remand directives.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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