The Board has determined that the reduction in ratings for the Veteran's service-connected lumbar spine and cervical spine disabilities was improper, and the original ratings are restored. The issues of entitlement to increased ratings and TDIU remain pending.
The deciding factor: The reduction decisions were not in accordance with applicable law and regulations due to failure to consider specific provisions related to reductions in disability ratings.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with spinal stenosis, Cervical spondylosis with spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20006021
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.
- Dismissed
The appeal for higher ratings for degenerative arthritis of the lumbar spine with spinal stenosis, and right knee degenerative arthritis was withdrawn by the Veteran.
- Denied
The Board denied a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine with spinal stenosis and a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities on a schedular basis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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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.