The Veteran's claim for restoration of a 20 percent rating for his service-connected musculoligamentous lumbosacral strain with degenerative disc disease and small annular tear, effective from January 1, 2013, is granted. The case is remanded for further evaluation to determine if an increased rating is warranted.
The deciding factor: The reduction in the Veteran's disability rating was not properly followed by the AOJ, leading to a void ab initio decision. As such, the appropriate remedy is to restore the prior rating of 20 percent effective January 1, 2013.
- Claimed conditions
- musculoligamentous lumbosacral strain with degenerative disc disease and small annular tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 1, 2019
- Citation
- 19175654
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
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