The Board has restored the 20 percent rating previously assigned for the Veteran's service-connected cervical disability, effective May 25, 2018, due to inadequate VA examinations used in reducing the rating.
The deciding factor: The most recent VA examination reports relied upon for the reduction of the rating were not full and complete under applicable case law interpreting the regulatory requirements of VA examinations of disabilities of the musculoskeletal system.
- Claimed conditions
- Cervical disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2020
- Citation
- 20002962
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 Board denied the Veteran's appeals for an earlier effective date and a higher rating for his psychiatric and cervical disabilities, as the evidence did not support an earlier effective date or a higher disability rating.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for cervical disability and for lumbar spine disability due to a duty-to-assist error regarding SSA records.
- Granted
The Veteran's claim for PTSD was reopened and granted, with a grant of service connection.,Service connection for cervical and lumbar disabilities is remanded due to the need for additional records from SSA.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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