The Board granted the restoration of a 40 percent rating for lumbar degenerative disc disease with spinal stenosis, effective May 1, 2024, due to an improper reduction in rating without following proper procedural guidelines.
The deciding factor: The reduction was void ab initio because the procedural requirements under 38 C.F.R. § 3.105(i) were not met, and the Veteran was not afforded due process before his monthly benefits were reduced.
- Claimed conditions
- lumbar degenerative disc disease with spinal stenosis, sinusitis, asthma, heart disease, scar on head
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 3, 2025
- Citation
- A25031124
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
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