The Board has determined that the reduction of the cervical spine disability rating from 30% to 10% was improper and restored a 30% rating. The issues of service connection for an upper respiratory disability, compensable rating for skin rash disability, and TDIU are remanded.
The deciding factor: The Board found that the reduction in the cervical spine disability rating did not reflect actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2019
- Citation
- 19181534
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.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
- Dismissed
The appeal for several conditions, including insomnia, hypertension, and various disabilities, was dismissed due to procedural issues.
- Partly granted
The Board denied a rating in excess of 70 percent for PTSD and remanded claims for service connection for left shoulder, right shoulder, bilateral foot, left ankle, right ankle, and cervical spine disabilities.
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