The Veteran's cervical spine and lumbosacral strain with degenerative arthritis disabilities have been restored to their previous ratings of 20 percent and 40 percent, respectively, effective April 3, 2013.
The deciding factor: The RO reduced the Veteran’s ratings based on updated criteria for rating spinal conditions but failed to consider whether there was any improvement within the context of the former rating criteria. The reduction is therefore void ab initio and the restoration of the previous ratings is granted.
- Claimed conditions
- Cervical Spine Degenerative Changes, Lumbosacral Strain with Degenerative Arthritis of the Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 24, 2021
- Citation
- 21010332
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 21010332.
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.
- Denied
The Veteran's left shoulder strain is rated at 20% since July 29, 2006. The current rating for his lumbosacral strain with degenerative arthritis of the spine remains at 20% from October 24, 2017.,Prior to April 21, 2023, the Veteran's claim for TDIU was denied. From April 21, 2023, the matter is moot as a 100% schedular rating has been assigned with entitlement to Special Monthly Compensation (SMC).
- Remanded (sent back)
The Veteran's appeal is partially granted with some issues being remanded for further evaluation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.