The Veteran's ratings for lumbosacral strain and cervical strain were reduced from 40% to 10%, but the reduction in the rating for lumbosacral strain was improper, so the original 40% rating is restored. The reduction of the rating for cervical strain was proper.
The deciding factor: The reduction in the rating for lumbosacral strain from 40% to 10% was improper because it did not reflect an actual improvement in the Veteran's ability to function under ordinary conditions, while the reduction in the rating for cervical strain was proper as the evidence showed that range of motion and combined range of motion were above the required thresholds.
- Claimed conditions
- lumbosacral strain with arthritis, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 20, 2023
- Citation
- 23017115
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 23017115.
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 Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
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