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PREC 13-92 Protection of Service Connection & Redesignation of Diagnostic to accurately reflect a Veteran's Current Diagnosis
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PREC 13-92 Protection of Service Connection & Redesignation of Diagnostic to accurately reflect a Veteran's Current Diagnosis Citation: Vet. Aff. Op. Gen. Couns. Prec. 13-92, VAOPGCPREC 13-92, 1992 QUESTION PRESENTED:
Do the provisions of 38 U.S.C. §1159 (formerly § 359) prevent a service- connected rating for a low back disability due to degenerative arthritis under diagnostic code 5003 which has been in place for over 10 years from being modified to reflect a low-back disability due to traumatic arthritis of the lumbar
spine under diagnostic code 5010?
HELD:
The provisions of 38 U.S.C. § 1159 (formerly § 359) do not prohibit modification of an existing service-connected rating for low-back disability due to degenerative arthritis pursuant to rating code 5003 that has been in place for over 10 years, to a rating for low-back disability due to traumatic arthritis under rating code 5010.
1 The March 22, 1973, rating noted marked degenerative arthritis, lumbar spine. Rating code 5003 is termed "Arthritis degenerative (hypertrophic or osteoarthritis)." Rating code 5010 is termed "Arthritis due to trauma, established by X-ray findings: Rate as arthritis, degenerative." See 38 C.F.R. § 4.71a.
2 The March 22, 1973, rating increased the veteran's lower back rating from 20% under rating code 5003, to 40% under rating code 5010 effective January 16, 1973. The March 22, 1973, rating also increased the veteran's rating for the ankylosis of the proximal interphalangeal joint under diagnostic code 5226 from 0% to 10%. The veteran is currently rated at 40% under diagnostic code 5010
and 10% under diagnostic code 5226. An appeal of the veteran's reopened claim requesting increased compensation is currently
pending before the Board of Veterans' Appeals.
VETERANS ADMINISTRATION GENERAL COUNSEL
Vet. Aff. Op. Gen. Couns. Prec. 13-92
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