The Veteran's claims of increased ratings for his service-connected thoracolumbar spine disability, left knee disability, and bilateral plantar fasciitis were denied. The reduction in the rating for the thoracolumbar spine disability from 40 percent to 10 percent was found to be improper.
The deciding factor: The RO's decision did not consider pertinent laws and regulations regarding the reduction of the Veteran's disability ratings, leading to an invalid decision.
- Claimed conditions
- thoracolumbar spine disability, left knee disability, bilateral plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 14, 2009
- Citation
- 0934242
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 0934242.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The appeals regarding the evaluation of bilateral plantar fasciitis and residuals of fractures of the second, fourth, and fifth left toes, as well as the evaluation of bilateral lower extremity peripheral neuropathy with loss of use, are dismissed as untimely.
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