The Board has restored a 40 percent rating for the Veteran's lumbar spine disability, effective August 17, 2013. The reduction in rating was found to be void ab initio due to an inadequate VA examination used to support the reduction.
The deciding factor: The VA examination used to justify the reduction of the Veteran's lumbar spine disability rating from 40 percent to 10 percent was deemed inadequate by the Board, as it did not provide all required information and failed to address relevant factors under the applicable rating criteria.
- Claimed conditions
- lumbar sprain with degenerative joint disease and degenerative disc disease (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 2, 2019
- Citation
- 19176189
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.