The Veteran's low back disability was restored to a 40 percent rating effective August 18, 2015. The right upper extremity radiculopathy and cervical spine disability were not granted increased ratings.
The deciding factor: The VA examination report used for the reduction of the prior 40 percent rating did not provide an adequate basis to support the reduction, leading to a restoration of the previous rating.
- Claimed conditions
- {"condition_name":"Right upper extremity radiculopathy"}, {"condition_name":"Herniated nucleus pulposus of the lumbar spine (low back disability)"}, {"condition_name":"Status post cervical spondylosis (cervical spine disability)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20067940
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.
- 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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.