The Board has restored the Veteran's 20 percent rating for cervical spine disability, finding that the reduction from 20 to 10 percent was improper due to insufficient evidence of material improvement under the ordinary conditions of life.
The deciding factor: The AOJ did not consider whether the September 2016 VA DBQ examination was full and complete or if it was reasonably certain that any material improvement found would be maintained under the ordinary conditions of life, as required by 38 C.F.R. § 3.344.
- Claimed conditions
- Degenerative disc and joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 14, 2019
- Citation
- 19185883
Veterans Law Judge
Decisions by this judge: 1,104 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19185883.
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.
- Denied
The Veteran's claim for VR&E benefits was denied because she did not have an employment handicap and was able to obtain suitable employment consistent with her abilities, aptitudes, and interests.
- Remanded (sent back)
The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.
- Remanded (sent back)
The Veteran's claims for increased ratings on multiple disabilities are being remanded due to the need for additional VA and private treatment records.
- Denied
The Veteran's service-connected conditions have been denied, including for his lumbar spine and cervical spine disabilities. The TDIU claim was granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.