The reduction in rating for residuals of service-connected lumbar degenerative arthritis from 40 percent to 20 percent effective May 12, 2022 is improper and void ab initio. The petition to reverse the reduction is granted.,Effective dates are granted for service connection for radiculopathy of the left upper extremity and left elbow supination.
The deciding factor: The AOJ failed to comply with procedures outlined under 38 C.F.R. § 3.105(e) when reducing the Veteran's rating from 40 percent to 20 percent effective May 12, 2022.,The date entitlement arose for service connection of radiculopathy of the left upper extremity and left elbow supination is May 29, 2021.
- Claimed conditions
- lumbar degenerative arthritis, radiculopathy of the left upper extremity, left elbow supination, cervical degenerative arthritis, sciatic radiculopathy of the right lower extremity, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2024
- Citation
- A24079736
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 A24079736.
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 Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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