The Veteran's lumbar spine disability was originally rated at 20 percent in June 1992 and has been continuously rated at or above that level for over 20 years. The reduction from a 20 percent rating to a 10 percent rating is not proper, as the initial rating was not based on fraud.
The deciding factor: The initial rating of 20 percent for the lumbar spine disability was not based on fraud and has been in effect for over 20 years, making it protected from reduction.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Degenerative Joint Disease of the Left Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 16, 2020
- Citation
- 20003908
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
- Remanded (sent back)
The Board has denied service connection for degenerative joint disease of the left knee, finding that it is not related to active duty service or secondary to a service-connected condition. The case was remanded due to issues with the right knee.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.