The Board has restored the previously assigned disability ratings for cervical and thoracolumbar spine arthritis from 30% to 10%, finding that the reduction was improper due to inadequate examination reports.
The deciding factor: The VA reduced the Veteran's disability ratings without following proper procedures, including obtaining information about the severity of flare-ups which are significant in rating spinal conditions. The Board found the October 2015 VA examination insufficient for rating purposes and thus vacated the reduction.
- Claimed conditions
- Cervical spine arthritis, Thoracolumbar spine arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 20, 2023
- Citation
- 23039932
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 23039932.
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 has granted service connection for cervical spine arthritis, bilateral knee degenerative arthritis, and lumbar degenerative disc disease. The Veteran's conditions are deemed to have been incurred during his active military service.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, right and left lower extremity radiculopathy, but denied service connection for right knee arthritis, left knee arthritis, a right shoulder contusion, left shoulder arthritis, cervical spine arthritis, right upper extremity tremors, and left upper extremity tremors.
- Denied
The Board denied the Veteran's appeal for a total disability due to individual unemployability based on a single disability for special monthly compensation purposes, as there was no evidence that any single service-connected condition or combination of conditions rendered him unable to obtain and maintain gainful employment.
- Remanded (sent back)
The Board has determined that the Veteran's cervical spine and associated radiculopathy claims require additional examination to assess his functional impairment throughout the applicable rating period, including during flare-ups and after repeated use over time. The ratings for the right and left upper extremities are also remanded due to inconsistencies in the evidence.
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