The rating reduction from 30 percent to 20 percent for cervical spondylosis with herniated nucleus pulposus and postoperative anterior cervical fusion was improper, and the 30 percent rating is restored. The Veteran's claim for an effective date prior to August 2, 2005 for a 30 percent rating remains pending as it is unclear whether he filed a formal or informal claim within one year of that date.
The deciding factor: The reduction from 30 percent to 20 percent was not properly applied and the decision to reduce the rating is void ab initio. The effective date for the increased rating must be August 2, 2005 as no increase in disability had occurred prior to that date.
- Claimed conditions
- cervical spondylosis with herniated nucleus pulposus and postoperative anterior cervical fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 2, 2020
- Citation
- 20023006
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. Read the original VA decision (opens in a new tab) using citation 20023006.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
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