The Board has restored the 20 percent disability rating for the Veteran's service-connected back disability effective May 1, 2017. The appeal remains pending for higher ratings for other conditions.
The deciding factor: The reduction in rating was not supported by evidence of actual improvement in the Veteran’s ability to function under ordinary conditions of life and work.
- Claimed conditions
- Back disability, Bilateral Plantar Fasciitis and Flatfeet, Allergic Rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000272
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 granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Partly granted
The Board denied a compensable rating for allergic rhinitis, service connection for chronic sinusitis and bilateral tinnitus, granted a 50 percent initial rating for PTSD, and remanded the claims for an increased rating for PTSD and service connection for a somatic disorder.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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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.