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
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 claims for increased ratings on multiple disabilities are being remanded due to the need for additional VA and private treatment records.
- Denied
The Board has determined that the veteran's current cervical spine disability was not incurred in or aggravated by service, and therefore denied his claim for service connection.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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