The Veteran's claim for an earlier effective date for a 40% disability rating for myofascial syndrome is denied. The appeal to overturn the reduction of the disability rating from 40% to 10% in July 1992 due to CUE (clear and unmistakable error) is granted.
The deciding factor: The July 1992 VA rating decision incorrectly applied the regulatory provisions, specifically, 38 C.F.R. § 3.344(a), which was an undebatable error that was outcome determinative for the reduction from 40% to 10%.
- Claimed conditions
- myofascial syndrome, pyriformis syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 11, 2020
- Citation
- 20010506
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20010506.
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 has remanded the cases due to insufficient examination opinions and unclear diagnoses. The Veteran's myofascial syndrome, left shoulder disability, and chronic fatigue syndrome are all being reviewed for potential service connection.
- Remanded (sent back)
The Board has determined that the remand instructions were not followed and requires additional clarification regarding the Veteran's service-connected myofascial syndrome, specifically whether IVDS was diagnosed. The rating for LUE radiculopathy is also remanded as it is inextricably intertwined with the myofascial syndrome claim.
- Remanded (sent back)
The Board has remanded the case due to deficiencies in the VA examination for myofascial syndrome and cervical spine disability. The Veteran's initial rating for myofascial syndrome remains at 10 percent.
- Partly granted
The Veteran's appeal for service connection for myofascial syndrome is dismissed. The claim of service connection for a right knee disorder is reopened, but the claims for service connection for left knee disorders, right hip disorders, and left hip disorders are remanded for further examination and opinion.
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