The Veteran's disability ratings for his lumbar spine, cervical spine, and left knee disabilities were reduced. The reductions are now restored to their original levels.
The deciding factor: The RO failed to comply with the procedural requirements for reducing disability ratings in cases where a reduction is contemplated.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Spondylosis of the cervical spine, status post discectomy and fusions, Left knee instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 6, 2019
- Citation
- 19183963
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 denied ratings in excess of 10 percent for left and right knee patellofemoral pain syndrome but granted a separate 10 percent rating for left knee instability. The claim for service connection for a back disorder was remanded.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for left and right knee instability and limitation of flexion due to an inadequate VA examination.
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