The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016.,The reduction in disability rating from 20 percent to 0 percent for right upper extremity radiculopathy was improper and the 20 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.,The reduction in disability rating from 10 percent to 0 percent for instability associated with right knee patellofemoral syndrome was improper and the 10 percent rating is restored effective October 12, 2016. The Veteran's appeal also includes an increased rating for cervical spine degenerative disc disease.
The deciding factor: The reduction in disability ratings were based on inadequate VA examinations.,The reduction in disability ratings was based on the Veteran's lay statements and assertions of symptoms, which were not adequately addressed by previous examiners.,The reduction in disability ratings was based on inadequate VA examinations.,The reduction in disability ratings was based on inadequate VA examinations.
- Claimed conditions
- right upper extremity radiculopathy, right knee patellofemoral syndrome, cervical spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2022
- Citation
- 22010305
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 22010305.
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 Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
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