The reduction in the rating for cervical spine disability from 30 percent to 10 percent, effective August 1, 2015, was improper and the 30 percent rating is restored.
The deciding factor: The reduction did not meet the criteria of clear improvement as required by VA regulations.
- Claimed conditions
- Cervical spondylosis, Degenerative disc disease (DDD), Degenerative joint disease (DJD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 19, 2019
- Citation
- 19187241
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.
- Remanded (sent back)
The Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
- Granted
The Veteran's service-connected degenerative joint disease rendered him so helpless as to require the aid and attendance of another individual, warranting an award of special monthly compensation based on the need for regular aid and attendance.
- Denied
The Board denied the veteran's claims for an earlier effective date and service connection for sleep apnea, finding no clear and unmistakable error in the prior rating decisions and no evidence linking the sleep apnea to service or a service-connected disability.
- Partly granted
The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy, but remanded other claims related to obstructive sleep apnea, bladder condition, left knee disability, degenerative disc disease, bilateral hearing loss, and right shoulder disability.
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