The Board has determined that the reduction of the Veteran's diaphragm hemiparalysis disability rating from 60 percent to 0 percent was proper. The case is now REMANDED for additional development and a new examination.
The deciding factor: The reduction decision was based on clear and unmistakable error (CUE) in applying VA regulations to the Veteran's pulmonary function test results, leading to an incorrect disability rating.
- Claimed conditions
- diaphragm hemiparalysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2019
- Citation
- 19193330
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 19193330.
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
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Other Board decisions on a similar condition or argued the same way.
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- Granted
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- Remanded (sent back)
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.