The reduction of the rating for cervical spine disability from 30 percent to 0 percent, effective March 1, 2020, was improper due to lack of procedural compliance. The 30 percent rating is restored.
The deciding factor: The AOJ failed to meet the procedural requirements under 38 C.F.R. § 3.655(c) for reduction of the rating and notified the Veteran prior to the March 2020 decision that he was willing to report for a VA examination.
- Claimed conditions
- Degenerative arthritis of the cervical spine with cervical spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 29, 2023
- Citation
- A23033761
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 A23033761.
What this means for you
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What you can do next
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