The Board restored the Veteran's disability rating for his lumbar spine disability from 20 percent to 60 percent, finding that the reduction was not proper due to clear and unmistakable error (CUE) in the May 2018 rating decision.
The deciding factor: The RO incorrectly reduced the wrong disability based on impermissible pyramiding, and the higher evaluation for IVDS should have been applied instead of reducing the urinary urge incontinence and anal sphincter laxity ratings.
- Claimed conditions
- lumbago with intervertebral disc syndrome (IVDS) (hereafter "lumbar spine disability"), urinary urge incontinence, anal sphincter laxity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 23, 2024
- Citation
- A24039978
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 A24039978.
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
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- Denied
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- Denied
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