The Board has found that the reduction of the Veteran's disability rating for his service-connected back disability from 40 percent to 20 percent was improper and has ordered a restoration of the original rating. The claims for increased ratings related to the Veteran’s service-connected back disability, dysthymic disorder, right leg neuralgia, left leg neuralgia, and TDIU are remanded for additional development.
The deciding factor: The reduction in the Veteran's disability rating was not properly followed due to a lack of compliance with regulatory requirements.
- Claimed conditions
- chronic low back pain, degenerative disc disease L5-S1 with intervertebral disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125436
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded claims for chronic low back pain, upper back pain, right hand disability, left hand disability, headaches, and right knee disability.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
- Partly granted
The Board denied service connection for bilateral sensorineural hearing loss and remanded the claims for other conditions due to insufficient evidence.
- Dismissed
The Veteran withdrew the appeal for service connection for chronic back pain, right lower extremity radiculopathy, and a left knee disability secondary to the service-connected right knee patellofemoral syndrome.
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