The Veteran's disability rating for service-connected gout was reduced from 40 percent to 20 percent, but the Board found this reduction improper and restored the original 40 percent rating.
The deciding factor: The reduction of the disability rating was based on a clerical error in the January 2017 VA examination report, which incorrectly stated that the Veteran had incapacitating episodes occurring three or more times per year. The actual history showed no such episodes since approximately 2010.
- Claimed conditions
- gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 12, 2019
- Citation
- 19145465
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.
- Partly granted
The Board granted an initial evaluation of 20 percent for left and right ankle strains, denied a compensable evaluation for bilateral hearing loss, and remanded claims for hypertension and gout.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for various disabilities due to treatment at a VAMC in April 2007, finding no evidence of additional disability caused by carelessness or negligence on VA's part.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes, sleep apnea, prostate cancer, urinary incontinence, residuals of gallbladder removal, gout and low back disability, as well as entitlement to a TDIU prior to April 20, 2023, due to inadequate medical opinions.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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