The Board has determined that the Veteran's disability rating for herniation of cervical spine should be restored to 30 percent, effective December 31, 2016. The ratings for myositis of right hip with exostosis of right ilium and pseudofolliculitis barbae are remanded due to insufficient evidence. The Veteran's claim for special monthly compensation based on aid and attendance or housebound status is also remanded.
The deciding factor: The reduction in the disability rating from 30 percent to 10 percent was improper, as there was no evidence showing an improvement in the severity of the service-connected cervical spine disability. The Board found that a new VA examination was necessary for these issues due to the Veteran's contentions regarding the adequacy of previous examinations.
- Claimed conditions
- herniation of cervical spine, myositis of right hip with exostosis of right ilium, pseudofolliculitis barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150444
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.
- Denied
The Board denied an initial compensable disability rating for pseudofolliculitis barbae as the Veteran's condition did not meet the criteria for a compensable evaluation.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
- Dismissed
The Board dismissed the claims for service connection for pseudofolliculitis barbae, left foot swelling/pain, a left ankle condition, and tinnitus.
- Remanded (sent back)
The Board remands the claims for a compensable evaluation of service-connected pseudofolliculitis barbae and for service connection for chronic allergic rhinitis, migraines headaches, left foot bunions (hallux valgus), right foot bunions (hallux valgus), and tinnitus to ensure proper development.
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