The reduction of the Veteran's back disability rating from 40% to 20% was not proper, and a restoration of the 40% rating is granted. The Veteran's TDIU claim is also granted.
The deciding factor: The reduction in the Veteran’s disability rating for his back disability was found to be improper due to inadequate examination and failure to consider all applicable provisions.
- Claimed conditions
- Back disability, Left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 10, 2019
- Citation
- 19178032
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.